IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10396 of 2009 Ram Pravesh Singh SON OF Sri Gariba Singh, resident of 705-B, Hariom Apartment, New Dakbunglow Road, Patna, Police Station Gandhi Maidan, District Patna Versus 1. The Bihar Industrial Area Development Authority through its Managing Director, Udyong Bhawan, East Gandhi Maidan, Patna4 2. The Secretary, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna4 3. The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna4 4. The Executive Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna4 ----------- For the Petitioner :Mr. Ranjan Kumar Singh, Advocate For the BIADA :Mr. Lalit Kishore, Sr. Advocate 04/ 05.07.2010 Heard learned counsel for the petitioner and the Bihar Industrial Area Development Authority, Patna (hereinafter referred to as the BIADA). Petitioner is a retired employee of BIADA. He has filed the writ application for a direction to the BIADA to pay him arrears of difference of salary on account of 6th Pay Revision Recommendation with effect from 1.4.1997 till October, 2006, as such payment has been allowed to M/s Vishwa Kalyan Ganguly and Manoj Kumar Sinha under office order, bearing Memo Nos. 808 dated 26.4.2007, Annexure-8 and 2962 dated 17.5.2008, Annexure-9 series. Counsel for the BIADA has opposed such submission. He states that office order in the case of Vishwa Kalyan Ganguly directing payment of arrears in terms of 6th Pay Revision Recommendations with effect 1.4.1997 has been issued in the light of the office order dated 22.9.2006, as the said office 2 order proceeds on erroneous consideration of the decision of the Board of Directors, whereunder, the Board of Directors had taken a decision to grant benefit of 6th Pay Revision Recommendations with effect November, 2006 with specific rider that no financial benefit shall be allowed to any of the employees of the BIADA for the period between 1.4.1997 till October, 2006, but contrary to the aforesaid Board's decision, Office order dated 22.9.2006 was issued and when such fact was brought to the notice of the Managing Director of the BIADA, he issued office order dated 19.1.2009, Annexure-G to the counter affidavit in the light of the Board's decision dated 26.12.2008. As regards the office order, bearing Memo No. 2962 dated 17.5.2008, Annexure-9 series issued in the case of Manoj Kumar Sinha, learned counsel for the BIADA submitted that the same has been passed in the light of the direction of this Court contained under orders dated 11.5.2007, passed in C.W.J.C. No. 8539 of 2004 and BIADA has filed review petition seeking review of the order dated 11.5.2007, bearing Civil Review No. 49 of 2009. It is also submitted on behalf of the BIADA that as the Board of Directors of the BIADA has taken a decision to implement 6th Pay Revision Recommendations with effect from November, 2006 with clear decision not to grant arrears of difference of salary for the period 1.4.1997 till October, 2006, relief prayed for by the petitioner is contrary to the Board's decision and this Court should be slow in directing otherwise as 3 the recommendations of the Pay Commission is to be implemented from the date, the same is accepted by the employer. Having heard counsel for the petitioner and the BIADA, I direct the BIADA to furnish a copy of the resolution of the Board of Directors to the counsel for the petitioner, Sri Ranjan Kumar Singh within one week from today, whereunder they have decided to implement the 6th Pay Revision Recommendations with effect from November, 2006 with decision not to pay the arrears of difference to salary with effect from 1.4.1997 till October, 2006 and the request of the petitioner for getting such arrears will be subject to the result of the review petition preferred by the BIADA, bearing Civil Review No. 49 of 2009 and with this direction, the writ application is disposed of with liberty to the petitioner to challenge the order dated 19.1.2009, Annexure-G to the counter affidavit. Arjun/ ( V.N. Sinha, J.)