JUDGMENT : S.N. PATHAK, J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner has approached this Court with a prayer for absorbing the services of the petitioner on the post of Registrar-cum-Accounts Officer in the pay-scale of Rs. 6500-10500 w.e.f. 31.01.1991. Further prayer has also been made for a direction upon the respondents to release the arrears of difference of salary w.e.f. 31.01.1991 along with interest. 3. The petitioner has joined his service on 01.04.1985 on the post of Deputy Registrar in the scale of Rs. 1000-1820. Thereafter, vide notification No. 11 dated 07.04.1986, the petitioner had been posted as Hostel Supervisor in the scale of Rs. 880-1510. The petitioner was working in the pay scale of Rs. 880-1510 till 31.01.1991 and was getting his regular service till then. Thereafter, an ordinance for taking over all private Engineering College have come in the year 1986 and accordingly, three private Engineering Colleges namely, Indian Engineering College, Motihari, Magadh Engineering College, Gaya and J.M.I.T. Darbhanga had been taken over by the State on 09.12.1986 and thereafter, for absorbing the services of its employees, One Screening Committee was constituted and on the recommendation of the said Committee, the services of some of the employees had been absorbed and services of some of the other employees had been retrenched. The employees whose services had been retrenched had moved before the Hon’ble Patna High Court in CWJC No. 1316 of 1991 and another analogous case and the said writ petitions were allowed on 06.05.1996. The State had challenged the said order dated 06.05.1996 before the Hon’ble Division Bench by preferring Letters Patent Appeal, which also stood dismissed vide order dated 28.09.1998. Against the order of the Division Bench, the State preferred SLP No. 1189-1196 of 1999 before the Hon’ble Apex Court and the Hon’ble Apex Court dismissed the said SLP vide its order dated 05.02.1999. 4. Against the order of the Division Bench, the State preferred SLP No. 1189-1196 of 1999 before the Hon’ble Apex Court and the Hon’ble Apex Court dismissed the said SLP vide its order dated 05.02.1999. 4. It is the specific case of the petitioner that when the order dated 06.05.1996 passed in CWJC No. 1316 of 1991 was not complied, the petitioner filed contempt petition being MJC No. 2605 of 1996, which was disposed of in terms of order passed in one another MJC No. 2290 of 1996, with an observation that the order of reinstatement passed by the opposite party shall be deemed to have been passed under sub-section (3) of Section 5 of the said Ordinance. Thereafter, the respondent-State has reinstated the petitioner in service vide order dated 15.12.1999 on the post of clerk including one Sri Pravin Kumar Singh which was lower than his current post on which he was working. In order dated 15.12.1999, as contained in order no. 3485, there was specific reference that the employees whose services have been absorbed in pursuance to the order passed by the Hon’ble Courts will be entitled to get the entire consequential benefit, in accordance with law. The services of Pravin Kumar Singh has been retained in the existing State of Bihar after allocation of cadre whereas, the services of the petitioner has been allocated to the State of Jharkhand. In pursuance of the said order dated 15.12.1999, petitioner had given his joining on 09.03.2000 and since then, he is regularly discharging his duty till 14.11.2000 in the office of the Regional Directorate, Ranchi, Govt. of erstwhile Bihar and after creation of the State of Jharkhand, he is discharging his duty regularly within the territory of the Jharkhand. In pursuance of the order dated 15.12.1999, the State of Bihar had constituted a High Level Committee for taking-up the matter for absorbing the services of its employees and as such, the services of Chandra Bhushan Singh and Pravin Kumar Singh, who were similar to that of the petitioner, had been absorbed on the post of Registrar-cum-Accounts Officer in the scale of Rs. 6500-10,500 w.e.f. 31.01.1991. 6500-10,500 w.e.f. 31.01.1991. It is the further case of the petitioner that though the similarly situated co-employee, Pravin Kumar Singh had been absorbed on the post of Registrar-cum-Accounts Officer but unfortunately, the petitioner had been denied the same as he was allocated Jharkhand cadre and hence, he was forced to discharge his duty on the post of clerk in the State of Jharkhand. 5. It is the specific case of the petitioner that under the Bihar Re-organization Act, 2000, it has been specifically provided that the circular issued prior to bifurcation of the State, will be applicable for both the States and in terms of provision of Section 73 of Bihar Re-organization Act, 2000, one or the other employees cannot be forced to accept the service condition which is detrimental to his interest. It is further stated that there is specific provision in the Bihar Re-organization Act, 2000 that any order passed by the Hon’ble Patna High Court prior to the date of bifurcation i.e. 15.11.2000 will be binding upon the State of Jharkhand. When the case of the petitioner was not considered in light of the order passed by the Hon’ble Courts, the petitioner made representation on 21.06.2007 for consideration of his case as the similarly situated co-employee Pravin Kumar Singh had been considered and absorbed on the post of Registrar-cum-Accounts Officer. On receipt of his representation, the State of Jharkhand has constituted a Departmental Promotion Committee under the Chairmanship of Director, Science & Technology Department, Govt. of Jharkhand, who convened its meeting on 22.12.2008 and had taken unanimous decision to absorb the services of the petitioner on the post of Registrar-cum-Accounts Officer in scale of Rs. 6500-10500 w.e.f. 31.01.1991. After decision of the departmental promotion committee, the same was sent to the Advisor of His Excellency, the Governor of Jharkhand and proposal of the committee was approved by the Advisor of His Excellency, the Governor of Jharkhand on 27.02.2009. In his noting dated 23.03.2009, the Advisor of His Excellency, the Governor of Jharkhand had observed to take decision as to whether the approval from the Finance Department with respect to fixation of pay scale of the post of Registrar-cum-Accounts Officer is required or not. 6. In his noting dated 23.03.2009, the Advisor of His Excellency, the Governor of Jharkhand had observed to take decision as to whether the approval from the Finance Department with respect to fixation of pay scale of the post of Registrar-cum-Accounts Officer is required or not. 6. Thereafter, the file was sent to the Director of the respondent-Department and the file was processed with respect to the discussion as to whether there is any requirement to seek advice from the Finance Department for fixation of pay-scale of Registrar-cum-Accounts Officers or not, which is evident from the notings dated 01.06.2009 and 04.06.2009. Subsequently, the entire matter has been twisted by the department as has been apparent from the notings made herein above that the department was of the view that as to whether the opinion/ advice of the Finance Department is required with respect to specific issue i.e. the approval of the Finance Department for fixation of pay-scale of the post of Registrar- cum-Accounts Officer is required or not but surprisingly, the file was processed by the Director vide notings dated 09.06.2009, in which it has been noted that the file with respect to regularization of the services of the petitioner on post of Registrar-cum-Accounts Officer, may be referred before the Finance Department. 7. Thus, the entire issue has been changed by the department and the file has been sent before the Finance Department with the notings for giving its approval as to whether the service of the petitioner on the post of Registrar-cum-Accounts Officer can be absorbed or not. Thereafter, the Finance Department vide its noting dated 03.08.2009 has given its opinion that the services of the petitioner on the post of Registrar-cum-Accounts Officers cannot be absorbed w.e.f. 31.01.1991. Hence, this writ application has been filed by the petitioner for redressal of his grievances. 8. Mr. Saurabh Shekhar assisted by Mr. Rishi Raj Verma, learned counsel appearing for the petitioner strenuously urges that the State of Jharkhand has not considered the order which was passed by the Hon’ble Patna High Court and which was affirmed by the Hon’ble Apex Court, as such, the same has got its finality. Learned counsel submits that the similarly situated co-employee Pravin Kumar Singh had been absorbed on the post of Registrar- cum-Accounts Officer but the petitioner has been denied the same benefits. The action of the Finance Department, Govt. Learned counsel submits that the similarly situated co-employee Pravin Kumar Singh had been absorbed on the post of Registrar- cum-Accounts Officer but the petitioner has been denied the same benefits. The action of the Finance Department, Govt. of Jharkhand is without jurisdiction due to the reason that the Finance Department is only required to give its opinion with respect to fixation of pay-scale of the Registrar-cum-Accounts Officer but it has given its opinion, without taking care of the recommendation of the departmental promotion commission and approval of the Advisor of His Excellency, the Governor of Jharkhand, that the services of the petitioner on the post of Registrar-cum-Accounts Officer cannot be absorbed. Learned counsel further submits that the action of the respondents-State is highly discriminatory in putting the petition into detrimental position, which is contrary to the provisions of Section 73 of Bihar Re-organization Act, 2000. To buttress his argument, learned counsel for the petitioner heavily relied on the judgment passed in case of T.R. Kapur & Others Vs. State of Haryana & Others, AIR 1987 SC 415 and argued that action of the respondents are otherwise highly arbitrary and mala-fide and violates the petitioner’s fundamental rights as guaranteed under Article 14 of the Constitution. 9. Per contra counter affidavit has been filed by the respondents. Learned counsel for the respondents vehemently opposes the contention of the learned counsel for the petitioner and submits that the writ application is not maintainable in view of the fact that the Secretary and the Director of Department of Science & Technology, Govt. of Bihar, who are necessary parties in the instant writ, have not been impleaded as party-respondents. Learned counsel further submits that the petitioner has not drawn the attention of the Court towards the law by which the State of Jharkhand has given the power to absorb the services of the petitioner against the post of Registrar-cum-Accounts Officer in any technical institution. The petitioner has not specified the name of the technical institution wherein the post of Registrar-cum-Accounts Officer has been sanctioned and created and against which, he has sought the issuance of a writ for absorption of his services and thereby, suppressed the material facts. Learned counsel specifically submits that the instant writ has become infructuous as the petitioner has crossed the age of 60 years on 05.01.2010 itself. Learned counsel specifically submits that the instant writ has become infructuous as the petitioner has crossed the age of 60 years on 05.01.2010 itself. The question as to whether the State of Jharkhand is legally bound to release the arrears of salary w.e.f. 31.01.1991 along with interest is totally dependent upon the question as to which State, the successor State of Jharkhand or the State of Bihar has the power to absorb the services of the petitioner against any post such as clerk or Registrar-cum-Accounts Officer. 10. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner needs consideration. Similarly situated persons in the State of Bihar had been considered and absorbed on the post of Registrar-cum-Accounts Officer in the scale of Rs. 6500-10500 w.e.f. 31.01.1991. Since the services of the petitioner was allocated to the State of Jharkhand, he was forced to discharge his duties on the post of Clerk in the State of Jharkhand. On representation of the petitioner, the State of Jharkhand constituted a Departmental Promotion Committee under the Chairmanship of Director, Science & Technology Department, Govt. of Jharkhand and in the meeting held on 22.12.2008 a unanimous decision was taken to absorb the services of the petitioner on the post of Registrar-cum-Accounts Officer in the scale of Rs. 6500-10500 w.e.f. 31.01.1991. The minutes/decision of the DPC was sent to the Advisor of His Excellency, the Governor of Jharkhand and the same was also approved by the Advisor of His Excellency, the Governor of Jharkhand on 27.02.2009 and thereafter, the matter was sent for approval of the Finance Department though the Finance Department showed its inability nowhere gave its opinion that the services of the petitioner cannot be absorbed on the post of Registrar-cum-Accounts Officer w.e.f. 31.01.1991. As rightly argued by the learned counsel for the petitioner that the Finance Department was only required to give its opinion with respect to fixation of pay-scale of the Registrar-cum-Accounts Officer, the decision of the DPC and approval of the Advisor of His Excellency, the Governor of Jharkhand has not at all been taken into consideration in proper perspective. 11. As rightly argued by the learned counsel for the petitioner that the Finance Department was only required to give its opinion with respect to fixation of pay-scale of the Registrar-cum-Accounts Officer, the decision of the DPC and approval of the Advisor of His Excellency, the Governor of Jharkhand has not at all been taken into consideration in proper perspective. 11. As a cumulative effect of the aforesaid observations, rules, guidelines and judicial pronouncements, since the issue has already been decided by the Hon’ble Patna High Court and affirmed by the Hon’ble Apex Court, in view of which, a decision has also been taken by the Departmental Promotion Committee and approved by the Advisor of His Excellency, the Governor of Jharkhand, I hereby direct the respondents to take decision in accordance with law taking into further consideration of Section 73(1)(ii) of the Bihar Re-organization Act, 2000 and accordingly to consider the case of the petitioner for absorption on the post of Registrar-cum-Accounts Officer. As the petitioner has already been superannuated in the year 2010 itself, he is entitled for the consequential benefits of the post of Registrar-cum-Accounts Officer in the scale of Rs. 6500-10500 w.e.f. 31.01.1991. 12. With aforesaid observations and directions, the writ petition stands disposed of. Needless to say that the decision regarding entitlement of the petitioner for aforesaid benefits, in accordance with law, be taken within a period of 12 weeks and if the petitioner is found entitled for the said benefits, the same may be extended to him within a further period of 6 weeks from the date of receipt/ production of a copy of this order.