IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18542 of 2009 1. JAGDISH PRASAD SINGH S/O LATE RAM SWARUP SINGH R/O MOHALLA- DAUDPUR KOTHI, P.S.- BRAHAMPURA, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY FOOD SUPPLY & COMMERCE DEPARTMENT, BIHAR, PATNA 2. ACCOUNTANT GENERAL, BIHAR, PATNA 3. THE DEPUTY SECRETARY FOOD SUPPLY COMMERCE DEPARTMENT, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE MUZAFFARPUR 5. THE SUB DIVISIONAL OFFICER (WEST) MUZAFFARPUR 6. THE DISTRICT ACCOUNTS OFFICER MUZAFFARPUR ----------- For the Petitioner : Mr. Ashutosh Kumar, Advocate. For the State : Mr. Manoj Kumar Singh, A.C. to A.A.G.-8. For the Accountant General : Mrs. Namrata Mishra, Advocate. ==== 6. 23.02.2010. Heard learned counsel for the petitioner, State and the counsel for the Accountant General. 2. Petitioner is aggrieved by the order bearing Memo No. 4218 dated 08.10.2009 passed by the Secretary, Food and Consumer Protection Department (Annexure- 14), whereunder he has held that petitioner who held the substantive post of Marketing Officer on 1.1.1996 is entitled to the scale of Rs. 5500-9,000/- with effect from 1.1.1996 in the light of the resolution of the State Government dated 8.2.1999, Annexure-2 accepting the report of the Fitment Committee which allowed central pay scale department-wise and post-wise as per Schedule-III of the resolution, Annexure-2. 3. Counsel for the petitioner submits that the direction of the Secretary to allow the petitioner pay-scale of the post of Marketing Officer with effect from 1.1.1996 is contrary to paragraph-11 of the resolution which inter alia permitted the authorities to grant the time bound - 2 - promotion which was due prior to 31st December, 1995 but was not granted and make payment of arrears in the time bound scale up to 31.12.1995 whereafter with effect from 1.1.1996 the promotion granted in the time bound scale shall be deemed to have been terminated. In the case of the petitioner first and second time bound promotion was granted with effect from 29.4.1986 and 5.6.1993 and thus, he is entitled for grant of the corresponding scale of the scale which he was getting on 31.12.1995 with effect from 1.1.1996. The contention of the learned counsel for the petitioner is contrary to the opening and paragraph 11 of the resolution which is extracted below; “ The State government after careful consideration of the recommendations of the fitment Committee regarding post-wise Central scales of pay, have accepted the revised pay scales as indicated in Schedule-I, Schedule-II contains the existing pay scales. Departmentwise and post-wise pay scales are at Schedule III. 11. The State Government have decided to abolish the existing facilities of Time Bound Promotions and Selection Grades, discussed in paras 10 and 12 of F.D.Resolution no. 6021 dt. 18th December, 1989 and they shall cease to be applicable with effect from 1st January, 1996 and thereafter in the existing pay scales. If any such promotion, however, is due under the Rules before 1st January, 1996, it shall be given and the payment of arrears in the existing scale shall be made only upto 31st December, 1995 after which the promotion would be deemed to have been automatically terminated. While fixing pay in the revised scales, such promotions given after 31st December, 1995 will not be taken into consideration. If such promotions have been given after 31st December, 1995 then the question of adjustment of such additional emoluments obtained in the process, will be decided after the Fitment Committee submits its recommendations on promotion Policy. Promotion to any vacancy of a post identified as need based post would be - 3 - admissible. The procedure for identification of such need based posts has been set out in paragraph 12.” 4. From Schedule-III of the resolution it is evident that Marketing Officers after acceptance of the central pay scale under resolution dated 8.2.1999, Annexure-2 were to be granted the pay-scale which is indicated in Schedule-III of the resolution i.e. 5500-9,000/- and promotion earned in the two selection grade until 31.12.1995 was to be terminated in the light of paragraph- 11 of the resolution as thereunder the facility of time bound promotion and selection grade stood abolished and ceased to be applicable with effect from 1.1.1996 and thereafter in the existing pay scale. Meaning thereby that corresponding scale of the selection grade shall not be admissible with effect from 1.1.1996 and limited pay protection is available until 31.12.1995. In the circumstances, I do not find any illegality in the impugned order bearing Memo No. 4218 dated 08.10.2009 passed by the Secretary, Food and Consumer Protection Department (Annexure-14) and the application is dismissed. A.F.R. P.K.P. (V.N.Sinha,J.)