IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14864 of 2010 1. RAM SURAT SINGH, S/O- OF LATE SHANKAR SINGH, RESIDENT OF VILLAGE- CHHITRATAND, P.S.- CHENARI, DISTRICT- ROHTAS. AT PRESENT POSTED AS JUNIOR ENGINEER, IN THE OFFICE OF EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION NO. 2, CHAPRA (SARAN). 2. BIJENDRA PRASAD SINGH YADAV, S/O- LATE MANGAL PRASAD SINGH YADAV, AT +P.O. AMARI, P.S.- DHARHARA, DISTRICT- MUNGER. AT PRESENT POSTED AS JUNIOR ENGINEER, IN THE OFFICE OF EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION NO. 2, AURANGABAD. 3. SUDAMA SHARMA, S/O- LATE BIRDA SHARMA, AT + P.O. THAKURI, P.S.- PALIGANJ, DIST- PATNA. AT PRESENT POSTED AS JUNIOR ENGINEER, IN THE OFFICE OF EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION NO. 2, SITAMARHI. 4. KARAMCHAND JHA, S/O- LATE DWASHI SAH, RESIDENT OF VILLAGE- TEKNIWASH, P.O.- KACHNAR, P.S.- REVILGANJ, DISTRICT- CHAPRA (SARAN). AT PRESENT POSTED AS JUNIOR ENGINEER, IN THE OFFICE OF EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION NO. 2, SHEIKHPURA. 5. KAMESHWAR MAHTO, S/O- SRI ANANDLAL MAHTO, AT + P.O. BELSANDIH, P.S.- BIBHUTIPUR, DISTRICT- SAMASTIPUR. AT PRESENT POSTED AS JUNIOR ENGINEER, IN THE OFFICE OF EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION NO. 2, SASARAM. 6. TULAKANT JHA, S/O- LATE RAJESHWAR JHA, AT+P.O.= NAWKARI, P.S.- BENIPATTI, DISTRICT- MADHUBANI. AT PRESENT POSTED AS JUNIOR ENGINEER, IN THE OFFICE OF EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION NO. 2, BAXUR. 7. SURESH PRASAD SINGH, S/O- LATE UCHIT NARAYAN YADAV, AT- KESHULI, P.S.- BENIPATTI, DISTRICT- MADHUBANI. AT PRESENT POSTED AS JUNIOR ENGINEER, IN THE OFFICE OF EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION NO. 2, BETTIAH. 8. NIRANKAR MALVIYA, S/O- LATE HARGAURI TIWARI, AT+P.O.- MAHDEO SIMARIA, P.S.- SIKANDRA, DIST- JAMUI. AT PRESENT POSTED AS JUNIOR ENGINEER, IN THE OFFICE OF EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION NO. 2, SHEOHAR, DIST- SHEOHAR. 9. ANAND GOPAL, S/O- LATE RAM BAHADUR MISHRA, RESIDENT OF VILLAGE- PACHAMBA, P.S. & DISTRICT- BEGUSARAI. AT PRESENT POSTED AS JUNIOR 2 ENGINEER, IN THE OFFICE OF EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION NO. 2, SIWAN. 10. CHANDRA PRAKASH NARAYAN SHAHI, S/O- LATE KAPILDEO PRASAD SHAHI, R/O- VILLAGE- HARPUR, P.S.- KATHAIAN, DISTRICT- MUZAFFARPUR. AT PRESENT POSTED AS JUNIOR ENGINEER, IN THE OFFICE OF EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION NO. 2, SASARAM, DIST- SASARAM. 11. NAND KISHORE PRASAD SINGH, S/O- SRI PRASHADI MANDAL, R/O- VILLAGE- MUJHAPRA, P.S.- ISLAMPUR, DIST- NALANDA. AT PRESENT POSTED AS ASSISTANT ENGINEER, IN THE OFFICE OF BIHAR STATE AGRICULTURE MARKETING BOARD (DISSOLVED), PANT BHAWAN, BAILY ROAD, PATNA. 12. DINESH PRASAD SINGH, S/O- LATE RAM NARAIN SINGH, R/O- MOHALLA- PIRTHVIPUR CHIRAIYATARN, P.S.- KANKARBAGH, DIST- PATNA. AT PRESENT POSTED AS ASSISTANT ENGINEER, IN THE OFFICE OF BIHAR STATE AGRICULTURE MARKETING BOARD (DISSOLVED), PANT BHAWAN, BAILY ROAD, PATNA. 13. PANKAJ KUMAR SINGH, S/O- LAT MALA CHAUDHUR, R/O- VILLAGE- MARIPUR, P.S.- PHULWARIA, DISTRICT- GOPALGANJ. AT PRESENT POSTED AS ASSISTANT ENGINEER, IN THE OFFICE OF BIHAR STATE AGRICULTURE MARKETING BOARD (DISSOLVED), PANT BHAWAN, BAILY ROAD, PATNA. 14. AMRENDRA KUMAR, S/O- LATE RAM SAREKH SINGH, R/O- VILLAGE- JAGDISHPUR, P.S.- JANDAHA, DISTRICT- VAISHALI. AT PRESENT POSTED AS ASSISTANT ENGINEER, IN THE OFFICE OF BIHAR STATE AGRICULTURE MARKETING BOARD (DISSOLVED), PANT BHAWAN, BAILY ROAD, PATNA :--- PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE AGRICULTURE PRODUCTION COMMISSIONER, DEPARTMENT OF AGRICULTURE, NEW SECRETARIAT, BIHAR, PATNA. 2. THE AGRICULTURE PRODUCTION COMMISSIONER, DEPARTMENT OF AGRICULTURE, NEW SECRETARIAT, BIHAR, PATNA. 3. THE ADMINISTRATOR, BIHAR STATE AGRICULTURE MARKETING BOARD (DISSOLVED), PANT BHAWAN, BAILY ROAD, PATNA. 4. THE UNDER SECRETARY, BIHAR STATE AGRICULTURE MARKETING BOARD (DISSOLVED), PANT BHAWAN, BAILY ROAD, PATNA :--- RESPONDENTS. ----------- For the petitioners : Mr. J.P.Verma, Advocate. For the State : Mr. Shailendra Kumar Jha, A.C. to S.C.9. For the Board : Mr. B.K.Singh Chauhan, Advocate. ========= 3 3. 09.09.2010. Heard learned counsel for the petitioners, State and the Bihar State Agriculture Marketing Board (dissolved) (hereinafter referred to as the “Board”). 2. Earlier petitioners served the Board on the post of Assistant Engineer and were drawing salary in the pre-revised pay-scale of Rs. 6500- 10,500/- and their Grade Pay was fixed at Rs. 4200/- in the light of the order of the Board bearing Memo No. 1049 dated 15.6.2010, Annexure-2. It is submitted on behalf of the petitioners with reference to the resolution of the State Government dated 26th February, 2010, Annexure-1 that petitioners are entitled for grant of Grade Pay of Rs. 5400/-. For such relief few of the petitioners have filed representation which is addressed to the Administrator of the Board and is dated 12.8.2010, Annexure-6. 3. Counsel for the Board, however, states that the request made in the writ petition is misconceived as resolution of the Government dated 26th February, 2010, Annexure-1 has been issued in continuation of the resolution of the Finance Department, whereunder the pay band of the members of the Bihar Administrative Service and 4 Bihar Police Service and other State services have been revised by increasing the grade pay to Rs. 5400/-. So far petitioner nos. 1 to 10 are concerned their services have been taken over by the State Government with effect from 2.9.2008, as such, the petitioners may be entitled for higher grade pay after their services have been taken over by the State Government but not prior thereto as the resolution of the Government does not revise the pay band of the employees of the Board. 4. Without myself deciding the rival contention, I deem it expedient to direct the Administrator of the Board to whom representation dated 12.08.2010, Annexure-6 has been addressed to consider the same in accordance with law in the light of the contents of the resolution of the State Government dated 26th February, 2010 and 21st January, 2010 in accordance with law, as early as possible, in any case, within a period of three months from the date of receipt/production of a copy of this order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.) 5