Judgment Radha Mohan Prasad, J. 1. In the present writ application the petitioners pray for quashing of the decision of the Government communicated by the deputy Secretary, Personnel and Administrative Reforms Department by letter dated 9th March, 1992 (Annexure 1) whereby their representation for sending the list of surplus paid Managers of different Cooperative Societies prepared by the Finance Department of the State of Bihar for absorption against different class III posts under the respondent-State in its different departments have been rejected and further for issuance of a direction to the Secretary of the Personnel and Adminstrative Reform Department to send the list of such surplus Paid Managers including the names of petitioner Nos.2 to 10 for absorption against different Class III posts under the respondent State on the basis of the said list. 2. In short, the case of the petitioner is that petitioner No.1 is an association of the Paid Managers posted in different Co-operative Societies under the control of the Co-operative Department of the State of Bihar and petitioner Nos.2 to 10 are its membars posted as Paid Managers in different co-operative societies |in the district of Rohtas. Mr. Mukhopadhyay, learned counsel for the petitioners has contended that for identical relief Bihar Rajya sahkarita Prabandhak Seva Sangh, Patna had moved a writ petition being c. W J. C. No.2312 of 1991 which has been disposed of on 18th December 1994. The learned Counsel has produced a photo copy of the judgment. 3. Tt appears that while the matter regarding the claim of the petitioners and others similarly situate for payment of the revised pay acale as per the recommendtion of the Fourth Pay Revision Committee was pening decision before the Government, it came to the notice of the State Government that different Primary Agriculture Societies including Co-operative societies, where paid Managars were working, were in acute financial crisis and accordingly, the petitioner Nos.2 to 10 becides several other such paid managers of defferent Societies were declared surplus by the State Government, which fact has been disputed in paragraph 12 of the counter affidavit as pointed out by the learned counsel for the State. 4. The State Government on 6.9.1989, vide Annexure 10 decided to absorb such Manager on the equivalent post in other departments of the government of Bihar. 4. The State Government on 6.9.1989, vide Annexure 10 decided to absorb such Manager on the equivalent post in other departments of the government of Bihar. This decision was re-iterated in the letter issued by the Special Secretary to the Government in the Co-operative Department on 14th November, 1986, a true copy whereof has been annexed as Annexure 11. It is stated that list of such Managers including that of the petitioner nos.2 to 10 was sent to the Finance Department for their absorption in other dapartments of the State Government against appropriate class III nosts vide its letter deted 243.1987 the Finance Dapartmcnt thereafter sent a list to the Public Health Enginearing Department and a number of paid manangers, who were qualified, were appointed against different class III posts including the post of Accounts Clerks, Junior Accounts Clerks etc It is also stated that the Personnel and Administrative Reforms Department vide letter dated 30 April, 1987 (Annexure 18) addressed to all the Secretaries and Commiasioners of different departments. Divisional Commissioners and District Magistrates intimated about the decision of the State Government to absorb the restrenched surplus employees against class HI and class IV posts according to their qualifications and thereby called for a list from them this decision was re-iterated on 10th May, 1990 (vide Annexure 19) Accor ding to the petitioners, the District Magistrate, Rohtas sent intimation to the commissioner, Patna Division about 100 vacancies in class III for beine filled by the retrenched/surplus employees, vide letter dated 19th February 1991 and requested the Personnel Department to sent such list of surplus and ratrenched employees. As the said list was not sent, the petitioner filed the present writ application for the relief as mentioned above. 5. A counter affidavit has been filed in this case on behalf of the Secratary, co-operative Department, Government of Bihar (respondent No 4 ). In the said counter affidavit the aforementioned facts are more or less admitted except that the claim of the petitioners that they are Government servant, have been denied. 5. A counter affidavit has been filed in this case on behalf of the Secratary, co-operative Department, Government of Bihar (respondent No 4 ). In the said counter affidavit the aforementioned facts are more or less admitted except that the claim of the petitioners that they are Government servant, have been denied. It may be stated here that the termination or absorption of some of the paid Managers in P. H. E. Department were challended in C. W. J. C. No.4661 of 91 and analogous cases, in which this court on detailed consideration held that the petitioners of the said case should be treated to have been validly appointed in terms of the policy decision of the State Government. However, the said appointments were treated to be fresh apointments and not in continuation of their appointment as Paid Managers. 6. It has been contended by the learned Counsel for the State that the petitioners having been appointed in different societies on a consolidated pay, they cannot claim for their absorption in Govt. service. It was further submitted by him that no legal right has acrued to the petitioners claiming absorption in the Government service since at no point of time they were employees of the Government. This court in C. W. J. C. No.2312 of 1991 on 17tb December, 1994 held that such Paid Managers should be absorbed in the diserent Government Departments of the State in view of the admitted position that their appointments, posting and service condition were fully controlled by the State Government, so much so that the State Government framed even the Rules laying down conditions of service of such Paid managers and directed to pay them regular pay-scale. His Lordship also noticed the aformentioned State Governmeet decision to absorb the Paid managers in different Departments of the State Government on the basis of their individual educational qualification as also the fact that some of the paid Managers on the recommendation of the Finance Department had been absorbed againgt class HI post in P. H. E. Department. Accordingly in the said writ petition the State Government was directed to absorb the petitioness and others members of other petitioning Association in terms of the State government decision dated 6th Dectember, 1986. 7. Accordingly in the said writ petition the State Government was directed to absorb the petitioness and others members of other petitioning Association in terms of the State government decision dated 6th Dectember, 1986. 7. The learned Counsel for the State however, further states that as he is not fully aware of the factual position in the aforesaid case, it is not possible for him to accept that the case of the petitioner also is identical. 8. Having regard to the facts of the present case as well as considering the facts of C. WJ. C. No.2312 of 1991, I dispose of this writ application with the direction to the respondents to examine the case of the petitioners afresh in the light of the aforesaid decision of this Court in C. WJ. C. No.2312 of 91 and without being prejudiced by the impugned order, take final decision within four months from the date of receipt of a copy of this judgment/order. It is made clear that if the respondents find that the case of the petitioners is identical to that of the petitioner of the earlier case i n c. W. J. C. No.2312/91 then they should also be given the same relief.