IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8013 of 2006 BIHAR STATE HOUSING CO-OPERATIVE FEDRATION LTD. Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Chitranjan Sinha, Sr. Advocate & Mr. Amar Nath Singh, Advocate. For the State: Mr. G.P.-15 For the Respondent BSHCO. Federation: Mr. Purushottam Jha, Advocate ---------- 3 19.8.2008 Heard learned counsel for the parties. I. A. No. 4772 of 2008 has been filed for seeking certain amendment in the relief portion and to bring Resolution No. 542 dated 18.3.2003 on record. The interlocutory application stands allowed. Petitioners are Union of the Employees of Bihar State Housing Co-operative Federation who are aggrieved by the resolution no. 542 dated 18.3.2003 by virtue of which the federation has decided in its wisdom to withdraw the enhanced pay scale which was granted to the employees from 1.1.1996 as well as their order of recovery of this amount from the employees. The contention of learned Senior counsel appearing for the petitioners is that the decision of withdrawal of revised pay scale could not be taken without affording opportunity to the employees of the federation, more so when the federation had extended this benefit way back in the year, 1999 as well as a subsequent decision taken in the year, 2001. He further contends that till date the Registrar, Co-operative Societies has taken a - 2 - decision on the request made by the Federation though a communication dated 16.7.1999 which is annexed as annexure-3 to the writ application. Learned counsel appearing on behalf of the respondents however justified their action on the ground that the decision taken by the Board to extend the benefit of revised pay scale way back in the year, 1999 was a conditional decision. The authorities were very clear that the benefit could not be extended from 1.1.1996 to the employees as a normal course looking at the financial condition of the organization. Approval of the Registrar, Co-operative Societies would be required in terms of Rule 33 of the Bihar Co-operative Societies Act. Even 2001 resolution taken for grant of at least 50% of the benefit was conditional and it could be withdrawn if the situation of the kind so arose. There is no denying the fact that extending benefit of revised pay scale in terms of the benefit granted to Central Government employees from 1.1.96 to the employees of the Federation was a conditional decision subject to approval by the Registrar, Co-operative Societies. It seems that in absence of any final decision and the financial condition of the respondents have forced their hands to take a decision in terms of annexure- 18 dated 18.3.2003. The Court has no hesitation in recording that this benefit had been extended based on a conditional decision but there is no occasion for them now to claim the recovery or - 3 - realization of the payment already made because the benefit was given on a conscious decision taken by the management to which the employees had no role to play. To that extent the decision dated 8.4.2003 ordering recovery is hereby quashed. In so far as the issue of withdrawing the revised pay scale to the employees from 1.1.96 is concerned, this Court is constrained to record that the Registrar, Co-operative Societies has failed in his duty to take a decision on the issue which is pending before him since the year, 1999. The present situation is a creation of the Registrar, Co-operative Societies because an early decision rendered one way or the other, on the communication made by the then Administrator, as is evident from annexure-3, could have resolved the issue and there may not have been an occasion to pass a resolution dated 18.3.2003 (annexure-18). In the given legal and factual position therefore this Court will not interfere with the decision of withdrawing the revised pay scale to the employees as of now with a condition that the Registrar, Co-operative Societies shall take a decision within a period of three months from the date of communication or production of a copy of this order on the communication dated 16.7.1999 made by the then Administrator and communicate the outcome of the said decision to the respondents within a time frame fixed above. The communication of the decision taken by the Registrar, Co-operative Societies in terms of Rule 33 of the Co-operative Rule shall govern the future course of action with - 4 - regard to availability of the revised pay scale to the members of the petitioners association from 1.1.1996. This writ application stands allowed to the extent indicated above. RPS (Ajay Kumar Tripathi, J.)