IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.799 of 2010 1. RAM KRISHNA ROY S/O LATE VISHWAROOP ROY R/O MOHALLA- KHAJPURA, FLAT NO.-201, BRAJ KUNJ APARTMENT, MAURYA PATH, P.S.- RAJIVNAGAR, DISTRICT- PATNA-800001. AT PRESENT WORKING & POSTED AS ACCOUNTANT, SECRETARIAT TREASURY, SINCHAI BHAWAN, PATNA-800001 2. RAMESH PRASAD PANDEY S/O SHIV SHANKAR PANDEY R/O MOHALLA- SOUTH SHIVPURI, IN FRONT OF RAJDHANI GAS GODOWN, P.S.- SHASTRINAGAR, DISTT.- PATNA-800023. AT PRESENT WORKING AND POSTED AS ACCOUNTANT AT PATNA COLLECTRIATE TREASURY, PATNA-800001. …Petitioners/ Appellants. VERSUS 1. THE BIHAR STATE SUGAR CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR, UDYOG BHAWAN (2ND FLOOR), EAST GANDHI MAIDAN, PATNA-800004 2. THE MANAGING DIRECTOR, BIHAR STATE SUGAR CORPORATION LIMITED, UDYOG BHAWAN (2ND FLOOR), EAST GANDHI MAIDAN, PATNA-800004 3. THE INCHARGE GENERAL MANAGER (HEADQUARTER), BIHAR STATE SUGAR CORPORATION LIMITED, UDYOG BHAWAN (2ND FLOOR), EAST GANDHI MAIDAN, PATNA-800004 . .. Respondents/Respondents. ----------- 3. 20.06.2011 Heard Mr. Prem Kumar Jha for the appellants. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioners of CWJC No. 4677 of 2010, whereby the writ petition has been dismissed and the petitioners’ prayer for direction to the respondent-Corporation to grant to them the benefit of recommendation of the 5th and 6th Pay Commissions, has been refused. 2. We have perused the materials on record and considered the submissions of learned counsel for the 2 appellants. It appears to us that the appellants (writ petitioners) were employees of the Corporation, which is a public sector undertaking of the Government of Bihar. It fell in difficult days leading to liquidation proceeding in this Court. We find at the Bar that the liquidation proceeding has since been withdrawn, and the Government is making valiant efforts to revive the Corporation. 3. It appears that, during the days when the Corporation was passing through the phase of crisis, the State Government accommodated its employees in its own offices so that they are not rendered jobless. The appellants were also accommodated in one or the other department of the Bihar Government. In such a situation, the prayer made on behalf of appellants for grant of recommendations of 5th and 6th Pay Commissions in the capacity of employees of the Corporation is most unreasonable. They failed to realize the voluntary approach of the State of Bihar. We are entirely in agreement with the view taken by the learned single Judge. This appeal is accordingly dismissed. kanchan ( S. K. Katriar, J.) (Amaresh Kumar Lal, J.)