JUDGMENT S.J. Mukhopadhaya, J. 1. The writ petition has been preferred by petitioner for issuance of an appropriate writ(s), direction(s) or order(s) commanding upon the respondents, particularly, 1st and 2nd respondents to forthwith regularize his service along with all consequential benefits w.e.f. 24th May, 1983/11th August, 1983 on the post of Peon i.e., the date he was initially appointed in the Legal Aid Committee and to direct the respondents to release salary in his favour due since February, 2002. 2. The case of the petitioner is that he was appointed as a Peon by the Government of Bihar for Ranchi Bench of the Patna High Court Legal Services Committee by office order No. LA 1068/82/7/LA dated 10th August, 1983 and since then he is working as a Peon. Initially, the Legal Aid Committee was constituted under the Bihar State Weaker Section Legal Aid Act, 1983 (for short Act, 1983), to extend free Legal Aid to the weaker section of the Society and to save them from being deprive of the 6pportunity of getting justice owing to their economic, social and other inequalities. Subsequently, the Central Government with a view to provide free and competent legal services to the weaker section of the society and to organize Lok Adalats and to promote legal system of justice came out with an Act, known as "Legal Services Authorities Act, 1987" (Act 39 of 1987) (for short Act, 1987), published in the extra ordinary Gazette of India on 4th October, 1987. Under Section 6 of the Act, 1987, the State Governments were to constitute a body known as "State Legal Services Authority" (for short State Authority) which is empowered under Section 8A of Act, 1987 to constitute a Committee for their respective High Courts, known as "The High Court Legal Services Committee". A Legal Services Committees was constituted for the main seat of Patna High Court, Patna and another, Legal Services Committee was constituted for the Ranchi Bench of the Patna High Court by the "Bihar State Legal Services Authorities". By Notification No. 3703 dated 10th September, 1998 apart from Executive Chairman, Members of the Patna High Court Legal Services Committee were appointed. Honble Mr. Justice A.K. Ganguly (as he then was) was appointed as the Executive Chairman for the Patna High Court Legal Services Committee. By Notification No. 3703 dated 10th September, 1998 apart from Executive Chairman, Members of the Patna High Court Legal Services Committee were appointed. Honble Mr. Justice A.K. Ganguly (as he then was) was appointed as the Executive Chairman for the Patna High Court Legal Services Committee. By separate Notification No. 14, dated 12th January, 1999 a unit of the Legal Services Committee was constituted for the Ranchi Bench of the Patna High Court as evident from the notification :-- "Bihar State Legal Services Authority Budh Marg, In front of Patna Museum, Patna-800001 NOTIFICATION No. Pra-Vividh-13/98.--In exercise of the powers concerned Under Section 29A of the Legal Services Authorities Act, 1987 (Act No. 39 of 1987), as received by the Legal Services Authorities (Amendment) Act 1994 (Act No. 59 of 1994) and under Rules 4 and 5 of the Bihar State Legal Services Authority Regulation, 1998 the following persons are appointed as Members of the Patna High Court Legal Services Committee, Ranchi Bench at Ranchi :-- 1. Honble Justice G.S. Choubey Vice-Executive Chairman 2. Shri Ghanshyam Prasad, Registrar, Ranchi Bench of the Patna High Court Secretary (a) Dr. Indu Dhan, Retd. Vice-Ohancellor Social Worker, Railway Colony, Ranchi Member (b) Shri R.R. Prasad, Retd. IAS in the field of Public Adrhinistra-tion, "Punam" 456-D, Mandir Marg, Ashok Nagar, Ranchi Member (c) Shri N.N.Tiwary, Advocate, Interested in the legal Services Scheme, High Court Ranchi Bench, Ranchi Member The terms of the office of the members of the High Court Legal Services Committee, Ranchi Bench will be Guided by Rule 6 of the Bihar State Legal Services Authority Regulation, 1998. Sd/- (B.K. Thakur) Member Secretary Memo No.14 Patna dated 12.1.1999 Copy forwarded to the Registrar (Admn.) High Court Patna/Registrar Ranchi Bench of High Court, Patna at Ranchi/Persons concerned/Patna High Court Legal Services Committee, Ranchi Bench, Ranchi/Secretary, Law Department, Bihar, Patna for information and necessary action. Sd/- (B.K. Thakur) Member Secretary 12.1.1999" 3. Further case of the petitioner is that even after constitution of the unit of the Legal Services Committee for the Ranchi Bench of the Patna High Court, he was allowed to function as Peon and was paid salary. After re-organisation of the State of Bihar and creation of Jharkhand High Court w.e.f 15th November, 2000, the office of the Legal Services Committee and its staff continued J:o perform the duty and the petitioner and others received salary till January, 2002. After re-organisation of the State of Bihar and creation of Jharkhand High Court w.e.f 15th November, 2000, the office of the Legal Services Committee and its staff continued J:o perform the duty and the petitioner and others received salary till January, 2002. Even after constitution of the new Jharkhand High Court Legal Services Committee, the said office and its staff including the petitioner is functioning, the old office having been taken over by the newly constituted Jharkhand High Court Legal Services Committee. 4. Counsel for the petitioner submitted that a formal order of regularization of service or absorption of petitioner is required to be issued to remove the difficulties and for payment of salary by the Jharkhand High Court Legal Services Committee. 5. The Jharkhand High Court Legal Services Committee has accepted that the Committee is running the old office with the old staff. The petitioner is working as Peon of the Legal Services Committee of the High Court and is entitled for salary from February, 2002 onwards. It has shown its inability to pay salary, fund having not been released by the Jharkhand State Legal Services Authority for payment of salary to its ministerial employees and subordinate staff. 6. According to Jharkhand State Legal Services Authority, the petitioner is not entitled to receive salary from the Jharkhand High Court Legal Services Committee or the Jharkhand State Legal Services Authority, both the bodies being independent, formed later on after re-organisation of the State and creation of the Jharkhand High Court and the petitioner being not an employee of the Jharkhand High Court Legal Services Committee. 7. For determination of the issue, it is necessary to notice certain Acts/Rules/ Regulation enacted from time to time and orders passed by one or other authority. "Bihar State Weaker Section Legal Aid Act, 1983" (for short Legal Aid Act, 1983) came into force in the year 1983. The petitioner appointed for the Legal Services Committee of Patna High Court on 10th August, 1983. Subsequently, Legal Services Authority Act, 1987 (Act 1987) having overriding effect on the said Act, 1983, a separate Legal Services Committee for the Patna High Court and its separate unit for Ranchi Bench of the Patna High Court were constituted. The petitioner appointed for the Legal Services Committee of Patna High Court on 10th August, 1983. Subsequently, Legal Services Authority Act, 1987 (Act 1987) having overriding effect on the said Act, 1983, a separate Legal Services Committee for the Patna High Court and its separate unit for Ranchi Bench of the Patna High Court were constituted. As the petitioner and others were already posted and working in the office of the Legal Services Committee at Ranchi Bench, the question was raised as to who will pay salary to the petitioner and others. 8. Admittedly, the original Legal Ser-vices Committee of the Patna High Court and its Ranchi Bench was constituted under the said Act, 1983 with its office and the employees, who continued to function even after constitution of a new Legal Services Committee for the Patna High Court and its Ranchi Bench constituted as per Act, 1987. In this background, for taking over and regularization of their services, the State of Bihar from its Law (Justice) Department vide its letter No. C/LA-17/97/1043/J, dated 2nd April, 1998 informed the Members Secretary of the Bihar State Legal Service Authority, Patna and Patna High Court Legal Services Committee, Patna and Ranchi Bench, Ranchi that the payment of salary of the employees of the office of the erstwhile Legal Services Committee constituted under the Bihar Act, 1983 can be made only after their absorption against the newly created posts of Patna High Court Legal Services Committee and its Ranchi Bench constituted under the Central Act, 1987. Even when the matter relating to formal absorption of petitioner and others on the newly created posts of Ranchi Bench of the Patna High Court Legal Services Committee was pending consideration, they were paid salary. The Member-Secretary, Bihar State Legal Services Authority vide its letter No. 29, dated 11th December, 1998 informed the petitioner, who was working as Peon of the Ranchi Bench of the Patna High Court Legal Aid Committee, another Sri Birendra Kumar, working as Peon in the Patna High Court Legal Aid Committee, Patna and Sri Narendra Nath, working as Typist in the Patna High Court Legal Aid Committee, Patna of their absorption against, their respective posts w.e.f. 11th March, 1998 on temporary basis, till regular appointment is made. On such absorption, petitioner and others continued to receive salary. 9. On such absorption, petitioner and others continued to receive salary. 9. Before any final order of absorption of petitioner and others was issued, in view of Re-organisation of State of Bihar, a separate High Court, for the State of Jharkhand was created with the name and seal of "High Court of Jharkhand". The then Ranchi Bench, Ranchi of the Patna High Court was made the main seat of the High Court of Jharkhand by the Government of India S.O. No. 1006(E)/2000 dated 8th November, 2000 (w.e.f 15th November, 2000). The State of Jharkhand constituted a separate "Legal Services Authority" for the State of Jharkhand, known as "Jharkhand State Legal Services Authority" which came into existence in February, 2002. The Jharkhand State Legal Services Authority vide Notification No. 1, dated 22nd February, 2002 constituted a High Court Legal Services Committee, known as "High Court Jharkhand Legal Services Committee". The Chief Justice, High Court of Jharkhand by a notification dated 27th February, 2002 nominated a sitting Judge of the High Court of Jharkhand as the Chairman of the High Court of Jharkhand Legal Services Committee, Ranchi, which started functioning in the original office of the erstwhile Legal Services Committee with the help of the employees of such Legal Services Committee such as petitioner. The State of Jharkhand vide Notification dated 16th October, 2002 published in the gazette adopted "Bihar Legal Services Authority Rules, 1996" with certain amendment under Section 85 of the Bihar Re-organisation Act, 2000 known as Jharkhand State Legal Services Authority.. Rules, 2001. The ministerial posts for the office of Jharkhand State Legal Services Committee were also created, a regulation framed, known as Jharkhand Legal Services Authority Regulation, 2002 published vide Notification No. 02, dated 16th March, 2002. 10. The Jharkhand State Legal Services Authority came into existence in February, 2002 i.e., after about one year and three months from the date of creation of the State of Jharkhand. The High Court of Jharkhand Legal Services Committee was constituted vide Notification dated 22nd February, 2002 i.e., after about one year and three months from the date of establishment of the High Court of Jharkhand but, the work of the High Court Legal Services Committee in the meantime continued to be performed by ministerial staff, who were working since prior to establishment of the High Court of Jharkhand. For payment of salary to such ministerial employees and staff of Legal Services Committees of High Court at Ranchi, in absence of any newly constituted Legal Services Committee, fund was released by the State of Jharkhand in favour of Registrar General, High Court of Jharkhand vide letter No. 845/J dated 13th June, 2001 for the financial year 2001-2002 and the employees, such as petitioner received salary till January, 2002 i.e., till a new Legal Services Committee was constituted for the High Court of Jharkhand. There is no provision made under the Central Act, 1987 in respect to the employees and staff of a Legal Services Committee of a High Court, if on re- organisation of a State, a separate High Court is established for a newly created State. Nor such provision has been made under the Bihar Re-organisation Act, 2000 with regard to the employees of the Legal Services Committee of a High Court. 11. Taking into consideration that a Legal Services Committee was already existing for the Patna High Court and its Ranchi Bench under the said Act, 1983, after creation of a Legal Services Committee for the Patna High Court and its Ranchi Bench under the Central Act, 1987, the employees such as the petitioner were given option for absorptipn/regularization of services vide letter dated 2nd April, 1998 followed by order of their temporary absorption vide No. 29, dated 11th December, 1998. Admittedly, separate ministerial posts and class of posts were created, one set for the office of Patna High Court Legal services Committee at Patna and another set for the office of Legal Services Committee of the Ranchi Bench of the Patna High Court as evident from the letter No. 1801, dated 5th August, 1996. The employees and staff of the office, at Patna and the employees and staff of the office at Ranchi had their separate identity, being two separate establishments. Therefore, the employees and staff of the office of Legal Services Committee at Ranchi cannot be sent back/ transferred in the office of Legal Services Committee of the High Court at Patna. The employees and staff of the office, at Patna and the employees and staff of the office at Ranchi had their separate identity, being two separate establishments. Therefore, the employees and staff of the office of Legal Services Committee at Ranchi cannot be sent back/ transferred in the office of Legal Services Committee of the High Court at Patna. If the stand taken by the Jharkhand State Legal Services Authority is accepted then it will amount automatic abolition of the earlier office of the Legal Services Committee at Ranchi and automatic termination of the services of all its employees, though the office is actually functioning with its employees and staff under the control of the present Legal Services Committee of High Court of Jharkhand and they received salary till January, 2002. Therefore, the submission as made on behalf of Jharkhand State Legal Services Authority cannot be accepted and there cannot be automatic abolition of the office or post, nor there can be automatic termination of the services of the employees on re-organisation of the State on the ground that there is ho provision made with regard to them under any Act or Rule. If such submission is accepted and made applicable to other similar cases, then the employees of Patna High Court, who were posted in the Ranchi of the Patna High Court and are still working under the Jharkhand High Court of Jharkhand will suffer in absence of any provision of their retention or absorption in the High Court of Jharkhand under the Bihar Re-organisation Act, 2000. 12. In the circumstances, with regard to the employees and staff of a office/organization for which no provision has been made under any Act, law or the Bihar Reorganisation Act, 2000, after re-organisation of the State and creation of the State of Jharkhand or establishment of the High Court of Jharkhand, an appropriate decision is to be taken by the successor authority for retention/absorption of the old employees instead of appointing new persons on the newly created posts of the successor/organization. In the aforesaid background, the respondents have no other option but to take steps for retention/absorption of petitioner and other similarly situated employees of the Legal Aid Committee of the Ranchi Bench of the Patna High Court, who are still continuing. In the aforesaid background, the respondents have no other option but to take steps for retention/absorption of petitioner and other similarly situated employees of the Legal Aid Committee of the Ranchi Bench of the Patna High Court, who are still continuing. If there is no equivalent posts available, the State Government should either create posts for their retention/absorption or may be accommodated against a higher posts till they attain the age of superannuation/remain in service. 13. The respondents are liable to pay salary to such employees, who were in the services of the Legal Services Committee of Ranchi bench of Patna High Court and are still continuing, such as petitioner. So far as petitioner is concerned, he having appointed as Peon and a post of Peon having been created for the Legal Services Committee of the Jharkhand High Court, there should not be any difficulty for the respondents to absorb him. The competent authority will issue appropriate order of absorption of petitioner and similarly situated persons, within a period of three months from the date of receipt/production of a copy of this order. So far as payment of salary is concerned, the respondents will pay the dues of the month of February, 2002 onwards including current salary, within a period of two months from the date of receipt/ production of a copy of this order. 14. The writ petition is allowed, with the aforesaid observations/directions. However, there shall be no order, as to costs.