JUDGMENT :

Mohit Kumar Shah, J.

The present writ petition has been filed seeking the following reliefs:-

I. For issuance of a writ in the nature of mandamus or any other appropriate writ for commanding the respondents to grant seniority and to extend the benefit of Old pension scheme and Government Provident Fund instead of Contributory Pension scheme and Contributory Provident Fund to the petitioners and also the benefit in the pension with effect from the date of recommendation by Bihar Public Service Commission (hereinafter referred to as "B.P.S.C." only).

II. For holding that the petitioners having been appointed pursuant to the recommendation of B.P.S.C., is entitled for the same benefits as extended to other recommended candidates including grant of Old Pension Scheme and Contributory Provident Fund as well as seniority and the resolution dated 31.08.05 issued by the department of Finance, Patna, Bihar cannot be made applicable with respect to the petitioners.

2. The facts, which are not in dispute, are that an advertisement bearing Advertisement No. 12 of 1998 was published on 26.01.1998 in the daily newspaper "Aaj" by the B.P.S.C., inviting applications from eligible candidates for appearing in the first Regional Competitive Examination, 1998 for appointment on Class-III posts in the Regional Offices, at the district level. The petitioners had also applied in pursuance to the aforesaid advertisement for their appointment on the post of Assistant/ Accountant, where-after they had appeared in the P.T. examination and had cleared the same. The petitioners are stated to have then appeared in the Mains examination, which was held on 27.07.2002 and 28.07.2002 and are stated to have performed well in the said examination. The B.P.S.C. had then recommended the names of the successful candidates including that of the petitioners herein for appointment, vide letter dated 15.01.2003 where-after the District Magistrate, Darbhanga vide letter dated 07.04.2005 had called the petitioners for counseling and verification of documents on 15.04.2005.

3. The petitioners along with other candidates had appeared before the District Magistrate, Darbhanga for counseling and verification of the document on 16.04.2005, where-after their documents were verified, however, the District Magistrate, Darbhanga had made appointments of only five candidates, whose marks were less than that of the petitioners herein in the merit list, leading to the petitioners filing various writ petitions, bearing CWJC No.16483 of 2004, CWJC No. 16180 of 2004, CWJC No. 414 of 2005, CWJC No. 9554 of 2005, CWJC No. 456 of 2005, CWJC No. 10623 of 2005, CWJC No. 165 of 2005 and CWJC No. 798 of 2005 resulting in the petitioners being appointed vide order dated 31.12.2007 issued by the Collector, Darbhanga.

4. The learned counsel for the petitioners has submitted that the new contributory Pension Scheme 2005 is being thrusted upon the petitioners instead of the old pension scheme and the representations made by the petitioners before the District Magistrate, Darbhanga on various occasions has yielded no result. It is submitted that the petitioners have been appointed in pursuance to the advertisement published in the daily newspaper "Aaj" on 26.01.1998 vide Advertisement No. 12 of 1998, where-after the BPSC had recommended the name of the petitioners along with other candidates on 15.01.2003, however, the candidates having lower marks in the merit list, as compared to the petitioners, have been appointed vide order dated 30.06.2005 i.e. prior to coming into force the new contributory scheme, which has been made applicable to the employees appointed on or after 1.9.2005. It is submitted that the petitioners were left out without any rhyme or reason at the time when the candidates lower in the merit list were appointed vide order dated 30.06.2005, hence the petitioners cannot be penalized by being deprived of the benefits under the old pension scheme on account of the laches of the