D.G.R. Patnaik, J. - (1.) HEARD counsel for the parties and with their consent, this application is disposed of at the stage of admission.
(2.) PETITIONERS in this writ application have prayed for a direction upon the respondents to provide them appointment on the post of Panchayat Sewak from the date they joined the Panchayat Training Institute i.e. on 10.11.1998 and also to pay them the salary from the aforesaid date of joining the training institute. Learned Counsel for the petitioners submits at the outset that during the pendency of this writ application, the petitioners' prayer for their appointment to the post of Panchayat Sewak has though been allowed by making their appointment, but such appointment was made on 13.12.2004. Learned Counsel submits further that the other part of the petitioners' prayer namely for payment of their salary from the date of their joining the training institute, has not been conceded by the respondent State Government in spite of the fact that the petitioners are entitled to the salary from the date of their joining the training institute as per the circular dated 15.04.2000 issued by the State of Bihar. Learned Counsel explains that in the aforesaid circular, a decision was taken by the State of Bihar in the concerned department to the effect that the salary to those Dalpatis appointed as Panchayat Sewak shall be given from the date of their joining the training institute.
(3.) PER contra, counsel for the respondents, while inviting attention to the relevant paragraphs of the counter affidavit, submits that the relief claimed by the petitioner is not tenable in view of the fact that the State of Jharkhand has framed its own Rules in respect of the service conditions of the Dalpatis and Panchayat Sewaks working under the State Government. Referring to Annexure -A i.e. the notification issued in the month of October, 2002, learned Counsel explains that the payment of salary to the Panchayat Sewaks on the appropriate pay scale can be given only from the date of their joining the post and not prior to that date.;