CHAKRADHARI SHARAN SINGH, J.

1. All the three appeals under Clause 10 of the Letters Patent of the Patna High Court arise out of the common order dated 27.10.2005 passed by the learned Single Judge in CWJC No. 9448 of 1997 (Md. Masood Yusuf vs. State of Bihahr & ors) and CWJC No. 5942 of 1998 ( Md. Mjibur Rahman Vs. State of Bihar & ors.).

2. It would be apt to refer to the facts first before describing the circumstance in which the above mentioned three Letters Patent Appeals have been filed.

3. Md. Masood Yusuf was appointed as Assistant Anti- Malaria Officer on 1.2.1956. The nomenclature of the post was changed to Assistant Malaria Officer with effect from 26.9.1977. The case of Md. Masood Yusuf is that he was asked to officiate as District Malaria Officer, Katihar with effect from 28.7.1982 in addition to holding the substantive post of Assistant Malaria Officer. The further plea of the petitioner is that he retired as such after attaining the age of superannuation with effect from 28.2.1993. Md. Masood Yusuf filed CWJC No. 9448 of 1997 on 3.10.1997 seeking the relief from this Court to grant deemed promotion to the petitioner to the post of District Malaria Officer with effect from 28.7.1982 till the date of superannuation; to pay differences of pay and arrears of salary arising out of such promotion and to pay revised retirement benefits or alternatively pay 20% of officiating allowances and also to pay revised Leave encashment of 240 days of un-utilized leave salary admissible to the post of In-charge District Malaria Officer. His case was based on the provisions envisaged under Rules 58 and 103 of the Bihar Service Code.

4. The case of Md. Masood Yusuf in the writ application was that he was entitled to pay scale of Rs. 3000 to 4000/- per month which is the pay admissible to the District Malaria Officer from 28.7.1982 till the date of his superannuation i.e. 28.2.1993 as against the pay actually paid to him admissible to the post of Assistant Malaria Officer which he was holding in substantive capacity. His further case was that he was entitled for consequential revision in the fixation of pension treating his last pay drawn to be in the scale admissible to the District Malaria Officer.

5. Md. Mojibur Rahman was appointed as Assistant Anti-Malaria Officer on 4.3.1957. In his case also as stated above, nomenclature of his post was also changed to Assistant Malaria Officer. He claims that he officiated as District Malaria Officer with effect from 15.12.1982 and retired after attaining the age of superannuation with effect from 30.12.1993. He also claimed similar reliefs as sought for by Md. Masood Yusuf by filing CWJC No. 5942 of 1998 on 23.7.1998.

6. Learned Single Judge by the common order dated 27.10. 2005 passed in both the writ applications allowed the claim of Md. Masood Yusuf and Md. Mojibur Rahman to the extent that they were entitled to pay and allowances of District Malaria Officer for the period during which they worked as such in officiating capacity. Learned Single Judge, however, rejected their claim of revision of pension on the basis of entitlement of their pay of the post of District Malaria Officer.

7. Md. Massod Yusuf has filed LPA No. 1344 of 2005 challenging the order of the learned Single Judge to the extent the learned Single Judge rejected his claim for grant of revised pension on the basis of the pay of the District Malaria Officer which he has been held to have been entitled to as per the order of the learned Single Judge. Md. Mojibur Rahman has not preferred any appeal against the order of the learned Single Judge. The State of Bihar has filed two appears vide LPA No. 484 of 2006 (State of Bihar & ors. Vs. Md. Masood Yusuf) and LPA No. 485 of 2006 (State of Bihar and ors Vs. Md. Majibur Rahman), questioning the validity of the order of the learned Single Judge to the extent he allowed the claim of the respondents for grant of pay admissible to the District Malaria Officer. These are the