P.S.Mishra, J.

1. The facts are not in dispute. I propose to narrate only those which relate to salary and scale of pay of the petitioner and of the actions of the respondents in violation of all doctrines and principles applicable to the contract of service.

2. The petitioner herein was selected and appointed as a Civil Assistant Surgeon on 28.5.1955, a post borne in the cadre of State Health Services. The petitioner, however, found that he was entitled to be posted nest below his immediate senior in the service Dr. O.S. Chatterjee in the gradation list. He protested by tiling a suit bearing T.S. No. 21 of 1970 in the Court of the Additional Munsif, Muzaffarpur. The said suit was decided on contest by a judgment dated 23.2.1983 by the Additional Munsif, Muzaffarpur, who held, inter alia, that the petitioner was entitled to be posted as Senior Medical Officer next to Dr. D.S. Chatterjee who was then Civil Surgeon and whose serial No. was 203 in the amalgamated Civil List published in the Gazette, dated 6.3.1963 and accordingly he is entitled to the salary etc. The learned Munsif ordered:

The defendant is directed to appoint the plaintiff in the light of above declaration within one month from the date of this order. In case of non-compliance of the order by the defendant the plaintiff shall be at liberty to get it complied through the process of the court.

3. Against the said judgment and decree of the learned Additional Munsif, the respondent-State filed an appeal bearing T.A. No. 15 of 1983 which was eventually heard by the learned 3rd Additional Subordinate Judge Muzaffarpur, the appeal failed and the learned Munsifs decree was affirmed by the learned 3rd Additional Subordinate Judge. The respondent-State then preferred a Second Appeal before this Court bearing Second Appeal No. 391 of 1983 which appeal also failed with the second affirmation of the decree of the learned Additional Munsif. The respondent-State was however, not satisfied. It moved the Supreme Court by filing a Special Leave Petition bearing S.L.A. (Civil) No. 7711/84. The Supreme Court declined to grant Leave to Appeal and upheld the decree of the learned Additional Munsif by order dated 15.4.1985. Almost after one year of the rejection of the Special Leave Petition, the respondent-State issue a notification for modifying the combined gradation list to the extent that the petitioner was placed at Serial No. 203 (Ka) in the combined gradation list but it did not give the petitioner any consequential benefit or any Super-time Selection Grade post to restore the position of the petitioner in the service below Dr. D.S. Chatterjee who was at Serial No. 203. The respondent sought the petitioner to be posted the petitioner as Deputy Superintendent in a Hospital at Hajipur in the district of Vaishali, a post at the lowest rung of the cadre although his juniors had already been posted to higher position in the service inasmuch as one Dr. Mahabir Das who was at Serial No. 307 in the Civil List that is to say, more than a hundred position lower than the petitions had already been appointed as Director-in-chief, Health Service, by a Notification dated 14.6.1986 and another person who was at Serial No. 377 was appointed Director, Health Services, by another Notification of the even date with the additional charge of the post of Additional Director by a notification dated 3.9.1986. The petitioner approached the Court to execute the decree and initiate a proceeding for crumpet of Court. The Executing Court, by an order dated 8.10.1986, made a reference to that effect before this Court. The reference has not yat been disposed of. The petitioner finding that the respondent were not considering his representation and that his retirement had almost arrived, has filed, as advised, the instant case.

4. On 22.1.1987, this Court heard the learned Counsel for the petitioner and the learned Counsel for the respondents and taking notice of the fact that the petitioner was goi