JUDGMENT : 1. The petitioners have approached this Court with a prayer for direction upon the respondents to implement the decision of the Government as contained in Finance Department Resolution No.3521/F dated 11.4.1977 whereunder the services of the petitioners being the member of the Male and Female Branch of the Teaching wing of the Bihar Subordinate Education Service were merged into the Bihar Education Service Class II and any appointment/promotion were to be made from amongst the members of combined cadre, as after several rounds of litigation the matter regarding merger of cadre has attained finality vide judgment and order dated 23.11.2012 passed in Civil Appeal Nos. 8226-8227 of 2012 and accordingly State of Jharkhand is duty bound to implement the said judgment and order and to extend benefits of the judgment to the petitioners, as because the petitioners stood retired from their services and due to inaction and latches on the part of State authorities they are unable to get their genuine and bona fide claims. 2. Further prayer has been made for direction upon the respondents to give consequential benefits and retiral dues to the petitioners treating them as member of the Jharkhand Education Service Class-II after giving notional posting and re-fixing the pay of the petitioners pursuant to the recommendation of the 3rd, 4th and 5th Pay Revision Committee in their upgraded cadre with effect from 11.4.1977 in the newly allotted post. 3. It has also been prayed for commanding upon the respondents specially Respondent No.3 & 4 to dispose of the representation of the petitioner which has already been given on several occasions. 4. The factual exposition, as has been delineated in the writ petition, is that the petitioners were appointed to the post of Assistant Teacher in different Government Sanskrit High School situated within the State of Bihar vide memo No.440 dated 28.05.1982. The petitioners' services come in the Bihar Subordinate Education Service. After bifurcation of the erstwhile State of Bihar, the services of petitioners were allocated to the State of Jharkhand and after serving the Department with best of their ability in the State of Jharkhand the petitioners retired from their services on 30.04.2011, 30.09.2013 and 31.01.2013 respectively on attaining the age of superannuation. After bifurcation of the erstwhile State of Bihar, the services of petitioners were allocated to the State of Jharkhand and after serving the Department with best of their ability in the State of Jharkhand the petitioners retired from their services on 30.04.2011, 30.09.2013 and 31.01.2013 respectively on attaining the age of superannuation. The then State of Bihar vide resolution No.3521/F dated 11.04.1977 took a policy decision to merge Subordinate-Education-Service (Teaching-Branch), Male and Female into cadre of Bihar Education Service (Class-I) and Bihar Education Service (Class-II) w.e.f. 01.01.1977. 5. It is case of the petitioners that in spite of taking a decision regarding merger of Cadre when nothing was done for its implementation, the Association of Teachers and other members of Bihar Sub ordinate Education Service moved before Hon'ble Patna High Court by filing CWJC No.12122/1998. The writ petition was allowed by judgment and order dated 2.2.2000 passed by the Hon'ble Single Judge of Patna High Court. The State of Bihar, however, chose to prefer a Letters Patent Appeal bearing No.980 of 2000 along with analogous L.P.A.No.998 challenging the aforesaid order dated 2.2.2000 passed by the Hon'ble Single Judge after 132 days of delay. The Hon'ble Division Bench of the Patna High Court was pleased to dismiss the appeals preferred by the State of Bihar by judgment and order dated 27.11.2000 holding that there appeared no reasons for the State to be aggrieved by such order. 6. It is specific case of the petitioners that State of Bihar preferred Special Leave Petitions being S.L.P. No. 4937-4938 of 2001 against the aforesaid judgment and order dated 27.11.2000 passed in LPA No.980 of 2000 and 998 of 2000 by the Hon'ble Patna High Court. The Hon'ble Supreme Court upon hearing the counsel for the parties, including the applicants' association herein which was also represented as party respondent before the Hon'ble Supreme Court, refused to interfere with the judgment and order of the Hon'ble Patna High Court and at the same time observed: “It is clear that the final direction which has been given to the petitioner to implement, the resolution dated 27.4.77 in the manner it is meant to be implemented the petitions are disposed of. In spite of the aforesaid decision, the State of Bihar sat over the matter leading to dissatisfaction amongst the beneficiaries of the said decision, i.e. the members of the applicants' association, who were being denied the fruits of merger of the cadre w.e.f. 11.04.1977 in the Bihar Education Service. In the meanwhile a writ application was also filed by one of the teacher being CWJC No. 8679/2002, the same was allowed with a direction that the Resolution of the State of Bihar may be implemented and also the orders of the Hon'ble Patna High Court as well as that of the Hon'ble Supreme Court must be implemented. Being aggrieved by the same, the State of Bihar preferred LPA being LPA No. 65 of 2003, which was dismissed vide order dated 10.03.2003. Subsequently, the State of Bihar filed an SLP before the Hon'ble Apex Court which was controverted in to Civil Appeal No. 4466/2003, which was also dismissed vide order dated 19.04.2006. In compliance thereof, the State of Bihar implemented the same vide Sankalp dated 07.07.2006 and merged the Cadre of Subordinate Education Services into the Cadre of the State Education Services. 7. It is further the case of the petitioners that the notification dated 07.07.2006 was challenged before the Hon'ble Patna High Court and the same was quashed, which was affirmed by the Hon'ble Division Bench of Patna High Court. Thereafter, the State Government rescinded the notification dated 07.07.2006 by issuing a fresh notification dated 19.11.2007 in which the merger of the Subordinate Education Service with the State Education Service was cancelled. Subsequently, notification dated 19.11.2007 was challenged before the Hon'ble Patna High Court and the same was dismissed by the learned Single Judge and the same was challenged before the Division Bench and Hon'ble Division Bench also dismissed the same. Subsequently, the Teachers' Association filed a SLP before the Hon'ble Apex Court, which was converted into Civil Appeal No. 8826 and 8827 of 2012 wherein the Hon'ble Apex Court set aside the notification dated 19.11.2017 and upheld the notification dated 07.07.2006 by which the cadre of Subordinate Education was merged with the cadre of the State Education vide order dated 23.11.2012. In compliance of the order passed by the Hon'ble Apex Court, the Principal Secretary, Govt. In compliance of the order passed by the Hon'ble Apex Court, the Principal Secretary, Govt. of Bihar issued memo No. 687 dated 02.04.2013 whereby it has been ordered to give effect to merger of two cadres and other consequential order have been passed. The petitioners are among those members of Bihar Subordinate Education Service whose services after bifurcation of State has come in the State of Jharkhand, they are aggrieved by the inaction of the authorities of State of Jharkhand who in spite of Judgment and Order of the Hon'ble Apex Court have not passed any order and as such, the petitioners are not getting any consequential benefits on account of merger of cadre. Aggrieved by the same, the petitioners represented before the respondents, but the respondents are sitting tight over the matter and no heed was paid and as such, the petitioners have been compelled to knock the door of this Court for redressal of their grievances. 8. Learned Counsel for the petitioners submits that similarly situated persons of the parent State of Bihar have been promoted/merged in the Bihar Education Service instead of subordinate services as per the notification/circular dated 11.04.1977 but the services of the teachers of Jharkhand has not been promoted/merged in the Jharkhand Education Service which shows the colourable exercise of power of Respondents/ authorities. Not implementing the notification/circular dated 07.07.2006 in the State of Jharkhand, which has already been implemented in the Parent State of Bihar, shows the mala fide intention of the Respondent authorities. The order/direction passed by the Hon'ble High Court of Patna and subsequently affirmed by the Hon'ble Apex Court has already been complied by the State of Bihar and differences of salary to the concerned employees has also been paid but the authorities of the State of Jharkhand is lingering the matter for long and avoiding the direction/order passed by the Hon'ble Apex Court which is wholly arbitrary and illegal and not maintainable in the eyes of law. Non-disposal of the representation of the petitioner which prima facie shows that respondent authority are lingering the matter without any rhyme or reason which is not sustainable in the eyes of law. The action/inaction on the part of the respondents is violative of Article 14 and 21 of the Constitution of India. Non-disposal of the representation of the petitioner which prima facie shows that respondent authority are lingering the matter without any rhyme or reason which is not sustainable in the eyes of law. The action/inaction on the part of the respondents is violative of Article 14 and 21 of the Constitution of India. In the facts of the present case, respondents cannot be allowed to act in a most arbitrary manner against the law. Acts of the respondents is in violation of the Principle of natural justice. 9. No counter-affidavit has been filed. However, learned Counsel for the respondents fairly submits that as the counter-affidavit has not been filed, he is not in a position to controvert the argument advanced by learned Counsel for petitioner. Learned Counsel further argues that as the representation of the petitioners is pending before the Respondents, a suitable direction may be given to dispose of the pending representation within a stipulated time frame. 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 petitioners needs consideration. Since the petitioners have already preferred representation before the respondents and no decision has been taken till date, the respondents are directed to take conscious decision on the pending representation of the petitioner taking into account the order passed in W.P.(S) No.4258 of 2016 dated 18.01.2018 and also order passed by the Hon'ble Apex Court in Civil Appeal Nos.8226-8227 of 2012, in accordance with law, preferably within twelve weeks from the date of receipt of a copy of this order. 11. Needless to say that if the petitioners are entitled for the aforesaid due benefits, the same shall be extended to the present writ petitioners, within a further period of eight weeks. 12. With the aforesaid observations, the writ petition stands disposed of.