JUDGMENT :

Chakradhari Sharan Singh, J.

1. As both the writ applications involve same legal issues and facts of the two cases are also similar to a considerable extent, they have been heard together with the consent of the parties and are being disposed of by the present common judgment and order.

2. This is an admitted position that the posts of Lower Division Clerk and Upper Division Clerk under the State Government of Bihar were merged and rechristened as 'Assistant' with a common pay-scale with the issuance of letter No. 3734 dated 07.04.1977. Subsequently, the post of Assistant was demerged into two different cadres, namely, Lower Division Clerk (LDC) and Upper Division Clerk (UDC) with effect from issuance of a letter No. 8826 dated 20.12.2000 by the Finance Department, Government of Bihar. At the relevant point of time, the post of LDC carried pay-scale of Rs. 3050-4500, whereas pay-scale of Rs. 4000-6000 was made admissible to the post of Upper Division Clerk. Sub-clause (ii) of Clause 5 of the said letter of the Finance Department dated 20.12.2000, clearly stipulated that no direct appointment on the post carrying higher pay-scale of Rs. 4000-6000 shall henceforth be made and