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24. This Court further finds that in the case of Ram Janam Jha and others Vs. The State of Bihar & Ors. (C.W.J.C. No. 12124 of 2011) the petitioners were initially appointed as Junior Accounts Clerk in the office of the Executive Engineer, Water Resources Department in different Divisions. The petitioners were designated as Accounts Clerk and were granted the said salary but by issuing a circular dated 03.08.2010 the Department of Finance, Government of Bihar said that the merger of the post of Junior Accountants Clerk and Senior Accounts Clerk were wrongly understood. They referred the letter of the Finance Department dated 28.09.1999 and submitted that the 4th, 5th and 6th Pay Revision recommendations did not accept the said merger. While deciding these writ applications, once again the learned Writ Court held that the letter of the Finance Department dated 28.09.1999 is virtually an order of demerger but a close reading of it would show that it has prospective application. The writ court reiterated that the people who were on the merged posts continue to remain as such. The Court refused to accept the said contention of the State in the said case that the petitioners' posts were not Patna High Court CWJC No.6277 of 2020 dt.17-05-2023 merged and they were wrongly treated as Accounts Clerk which was the designation upon merger.

30. This conduct of the petitioners who had moved this Court earlier in CWJC No. 9921 of 2017 and other analogous matters but did not disclose it while filing the present writ applications are liable to be deprecated.

Patna High Court CWJC No.6277 of 2020 dt.17-05-2023

31. The petitioners have taken benefit of paragraph 5(ii) of the Finance Department's Resolution No. 3111 dated 25.03.2015, therefore at this stage, they are stopped from contending that there was no demerger of the Accounts Cadre posts in Junior Accounts Clerk and Senior Accounts Clerk on the date of their respective appointments. The contentions of the State that what has been stated in the Resolution dated 25.03.2015 is nothing but a reiteration of the Cabinet decision taken in the meeting held on 27.09.1999, it was notified vide Departmental Letter No. 6389 dated 28.09.1999 is correct. This stand of the State respondents are required to be seen keeping in mind the earlier round of litigations and the judgments in which controversy relating to merger and demerger of the Accounts Cadre posts have been examined and adjudicated. The decisions of this Court referred hereinabove go a long way to show that not only the State respondents but even the petitioners who had been appointed on the post of Junior Accounts Clerk had accepted the position that vide Letter No. 6389 dated 28.09.1999 the separate existence of the posts, namely, Junior Accounts Clerk and Senior Accounts Clerk had been recognized, accordingly appointments were made on the post of Junior Accounts Clerk in the given pay scale. In paragraph '17' of the writ application (CWJC No. 9957 of 2017) a Patna High Court CWJC No.6277 of 2020 dt.17-05-2023 statement has been made that several representations were filed by the petitioners seeking their appointment as Senior Accounts Clerk and the pay scale of the same. Copies of such representations have been enclosed as Annexure '6 Series' to the writ application (CWJC No. 9957 of 2017). A perusal of Annexure '6 Series' would show that the representations were made during the period 2017 to 2019.

अतः बदनांक 27@09@1999 के cut-off-date के बढाए जाने एवं वे तनमान 4500&7000@& अनु मानय बकये जाने का बै बधक आधार नहीं होने के कारण आपका दावा बवचारणीय नहीं है ।

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33. In CWJC No. 16185 of 2012, the petitioner, namely, Shashi Bhushan Kumar came to be appointed as Junior Accounts Clerk on 12.11.1999. He moved this Court in CWJC No. 7451 of 2010 together with two other petitioners, namely, Md. Nizamuddin, Amit Kumar and Laleshwar Prasad Singh. They sought relief by way of grant of pay in the scale of Rs.4500-7000 in lieu of Rs.4000-6000/- which was being paid to them on the post of Junior Accounts Clerk. The learned Writ Court was informed that the merger took place on 18.12.1981 w.e.f. 01.05.1980 and de-merger on 28.09.1999 with regard to the post of Junior Accounts Clerk and Senior Accounts Clerk of the Collectorate and Muffasil Offices in the establishment Section alone. The petitioner was a Clerk in the Works Division. It is important to take note of the observation of the learned Writ Court in the following terms:-

40. This Court is of the considered opinion that there is an adjudication of this Court present in the case of Binit Kumar and others (Supra) as regards paragraph 5(ii) of the Resolution No. 3111 dated 25.03.2014 issued by the Department of Finance, Government of Bihar which is conclusive and final not only with regard to the actual matter but as to every other matter which the parties may ought to have litigated. Whether clause 5(ii) gives effect to the de-merger of the Accounts Cadre Posts with retrospective effect or not and what will be the impact of the same was essentially connected to the subject matter and the parties had an opportunity to challenge the said provision but instead of doing that they chose to rely upon the said resolution and got benefit of the same.