REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 3351-3354 OF 2003

Syed Abdul Qadir & Ors.

….. Appellants

Vs.

State of Bihar & Ors. ….. Respondents

WITH

CIVIL APPEAL NO. 3355 of 2003

&

CIVIL APPEAL NO.3364 OF 2003

J U D G M E N T

B.N. AGRAWAL,J.

1.

These appeals by special leave are directed against the common judgment of

Patna High Court whereby a Division Bench of that Court dismissed letters patent

appeals preferred by the appellants herein against that part of the judgment of the

learned Single Judge in which it was decided that Office Order dated 16.11.2000

issued by the Finance Department, Government of Bihar, providing that fixation

of pay scale on promotion of Assistant Teachers of the Government taken over

Schools [the Nationalised Schools] in the State of Bihar shall be governed by

Fundamental Rule 22(1)(a)(2) [FR.22(I)(a)(2)] instead of Fundamental Rule 22-C

[FR.22-C], was valid. By the same judgment, the Division Bench allowed letters

patent appeals preferred by the State of Bihar and set aside that part of judgment

of the learned Single Judge whereby it was decided th