JUDGMENT :

RAVI RANJAN, J.

1. The following issues have been referred by a learned Single Judge of this Court to a Division Bench:

(i) Whether the judgment and the order passed in W.P. (S) No. 2928 of 2008 dated 20.09.2008 or the judgment dated 19th August 1999 passed by the Division Bench of the then Ranchi Bench of Patna High Court in LPA No. 47 of 1999 (R) in the Case of Gautam Singh vs. Central Coalfields Limited will govern the field in respect of payment of Court Fee in writ applications where there are more than one writ petitioner in a single writ petition.

(ii) Whether the stamp reporter is duty bound to point out the defect mandatorily if only one set of Court Fee is filed in a writ application when there are more than one writ petitioner and it is only the “Taxing Officer” or the Court who can ignore the said defect/exempt payment of additional set of Court Fee.

2. Both the writ petitions have been filed inter-alia for grant of following reliefs:

(i) For direction to the respondents to take step for absorption of the service of the petitioners, who are working as Para Teachers as permanent regular teacher taking same and similar decision taken by the other State Governments such as the State of Orissa, Chhatisgarh and Uttar Pradesh etc. as evident from Govt. Memo No. 10557 dated 4.5.2013 (Annexure-7), Govt. Letter dated 07.05.2013(Annexure-8) and Govt. Letter No. 805- 06/2015-16 dated 01.06.2015 (Annexure -9) respectively in the interest of justice, equity and fair-play as per the Constitutional mandates as enshrined in the Constitution of India.

(ii) For direction to the respondents to pay the monthly wages/salary to the petitioners in minimum scale of pay with admissible D.A. etc. as provided to regular teachers following the Principle of Equal pay for equal work till a decision is being taken for their absorption as regular Primary Teachers following the settled principles of law.

3. Several petitioners, who are working as Para Teachers, have joined to file both the cases for a direction to the respondents to take steps for absorption of their services as permanent regular teacher as has been done by some other State Governments of the country.

4. The issue for determination is as to whether all the petitioners would have to file separate set of court fee or only one court fee is sufficient. The Registrar General has overruled the objection raised by the office for filing separate court fee on the basis of order dated 20.09.2018 passed by a Division Bench in W.P. (S) No. 2928 of 2008. The said Division Bench has held as under:

“Registry is not justified in directing the petitioner to pay separate set of court-fee as the petitioners have filed only one writ petition. If the writ petitions would have been filed separately, then there would have been justification in asking for separate sets of court-fee.”

The learned Single Judge has recorded that on the basis of said order, all the petitioners have been exempted from paying separate Court Fee by the Lawazima Board and only one set of Court Fee was filed.

5. However, learned Single Judge has referred another decision of the Division Bench of Ranchi Bench of Patna High Court rendered in Gautam Singh vs. Central Coalfields Ltd. LPA No. 47 of 1999 (R) as well as Promod Kumar Akela and Others vs. The Director, BIT, Sindri, Dhanbad and Others, LPA No. 100 of 1999 (R). In the aforesaid decisions, a Coordinate Division Bench of Ranchi Bench of Patna High Court, after considering catena of decisions on the issue has come to the conclusion that in LPA No. 47 of 1999 (R) arising out of CWJC No. 2114 of 1988 (R), 23 persons have jointly filed a writ petition, seeking appropriate writ or direction upon the respondents to reinstate them and regularize their services with back wages. The petitioners therein claimed to be employees of Central Coalfields Ltd. and were aggrieved by the termination of their respective services. The Court held that each of them has independent cause of action ar