GANESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these writ applications involve certain common questions and, therefore, with the consent of the parties, they have been heard together.

(2.) HEARD Mr. Aditya Narain Singh and Mr. Chakrdhari Sharan Singh, learned Counsels for the petitioners in two cases and learned A.A.G.III and learned J.C. to A.A.G.III for the State.

(3.) AT the outset, learned Counsel for the State took a preliminary objection regarding the maintainability of the present writ petition in view of the fact that the petitioners' Association namely, the Bihar Rajya Sahkarita Prabhandh Seva Sangh had filed contempt petitions before the Supreme Court in which all these pleas that have been raised had also been taken and the specific stand of the Sangh apart from other aspects was that the State-respondents committed contempt of the order dated 20.8.1998 of the Supreme Court by issuing appointment letters to the second stage examinees on a lower pay scale. It is stated that after considering the submissions of the petitioners' Sangh in the contempt matter, the Supreme Court by order dated 9.8.2004 had held that no case for contempt is made out and the contempt petition was dismissed. On the basis of the said order of the apex court learned Counsel for the State contends that the issue has been decided against the petitioners and the same stands concluded and cannot be reagitated before this Court in a writ petition.