IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1159 of 2009 1. NAMO NARAYAN PRITIHAST son of Kusheshwar Pritihast, resident of village Hisar PS Khirhar, district Madhubani, presently posted at office of the Joint Registrar Co-operative Societies, Darbhanga 2. Shashi Bhushan Singh, son of late Ram Nandan Singh, resident of village Kuawari Bujurg, PS Ganga Brij Hazipur, district- Vaishali, presently posted at circle office Lalganj Vaishali ------appellants Versus 1. THE STATE OF BIHAR through Chief Secretary, Old Secretariat, Patna 2. The Finance Commissioner, Govt. of Bihar, Old Secretariat, Patna 3. The Commissioner-cum- Secretary, Department of Co-operative, Govt. of Bihar, New Secretariat, Patna 4. The Registrar, Department of Co-operative, Govt. of Bihar, New Secretariat, Patna 5. The Joint Registrar, Co-operative Societies, Patna Division, Patna 6. The Joint Registrar, Co-operative Societies, Darbhanga Division, Darbhanga 7. The Director, Department of Social Welfare(ICDS Directorate), Govt. of Bihar, Indira Bhawan, Bailey Road, Patna 8. The District Magistrate, Darbhanga 9. The District Magistrate, Vaishali 10. The District Magistrate, Muzaffarpur 11. The District Magistrate, Madhubani 12. The District Magistrate, Sitamarhi 13. The District Magistrate, Motihari 14. The District Magistrate, Madhepura --------respondents 15. Chandra Bhushan Singh son of Late Laxmi Singh, resident of village Bankitikam, PS Madhuban, District East Champaran, presently posted at Circle Office Kanti at Muzaffarpur 16. Yoganand Mishra son of late Sree Mohan Mishra, resident of village Bhalpatti, PS Bhalpatti, District Darbhanga, presently posted at Sub- Divisional Office Biroul in the Darbhanga district 17. Ram Chandra Jha son of late Jugnu Jha, resident of village Jaideo Patti, PS Bhalpatti, district Darbhanga, presently posted at Circle Office Hayaghat in the Darbhanga district. 18. Ram Shreshtha Rai, son of Late Bhola Rai, resident of village Rapouli Ghat, PS Bishanpur, District Darbhanga, presently posted at the Office of District Audit Officer Co-operative Societies, Darbhanga 19. Ram Ganesh Jha son of Late Nageshwar Jha, resident of village Kabilpur, PS Bahadurpur District Darbhanga, presently posted at Office of District Record Room, Darbhanga 20. Satyendra Kumar Singh son of Sri Shambhu Nath Singh, resident of village Kharari, PS Hayaghat District Darbhanga, presently posted at the office of District Supply Office Darbhanga 21. Amar Nath Jha son of Ram Charitra Jha, resident of village Kabilpur, PS Bahadurpur, District Darbhanga, presently posted at the office of District Yojana office, Darbhanga 2 22. Tripti Narayan Choudahry son of late Madhukant Choudhary, resident of village Ranipur, PS Basudeopur (Bira), District Darbhanga, presently posted at Block Office Kewati in Darbhanga district 23. Ritlal Mishra son of Late Babu Narain Mishra, resident of village Tutumar, PS Manigachi, District Darbhanga, presently posted at Sub-Divisional Office Benipur Darbhanga District 24. Uma Kant Thakur son of Late Ajab Narayan Thakur, resident of village Dharouli, PS Baheri, District Darbhanga, presently posted at Circle Office Benipur in Darbhanga District 25. Nawal Kishore Thakur son of Sri Rajeshwar Thakur, resident of village Srirampur, PS Ashok Paper Mill, District Darbhanga, presently posted at the Office of Assistant Registrar, Co-operative Societies, Darbhanga 26. Md. Taiyab Hussain son of Md. Esha, resident of village Adalpur, PS Darbhanga Sadar, District Darbhanga, presently posted at Block Office Hanuman Nagar in Darbhanga District 27. Raj Kumar Das son of Late Rochan Das, resident of village Biuni, PS Fekala District Darbhanga, presently posted at Sub-Divisional Office Jainagar in Madhubani District 28. Kanhaiya Lal Das son of Late Dhanush Dhari Lal Das, resident of village Rupnagar, PS Benipur, District Darbhanga, presently posted at Block Office Hayaghat in Darbhanga District 29. Deo Narain Sahu son of Late Rambricha Sahu, resident of village Mahisoul, PS Runni Saidpur District Sitamarhi, presently posted at Sub-Divisional Office Pupri at Sitamarhi District 30. Ram Narain Mahto son of Sri Yugeshwar Mahto, resident of village Bhutani, PS Sonebarsa, District Sitamarhi, presently posted at the office of District Panchayat office, Sitamarhi 31. Ram Gopal Sharma son of late Ram Niranjan Sharma, resident of village Jatkouli, PS Hazipur Sadar, District Vaishali, presently posted at Patahi Block Motihari 32. Lal Babu Rai son of late Triloki Rai, resident of village Virra, PS Hazipur Sadar, district Vaishali, presently posted at the office of Consumer Protection, Madhepura 33. Ram Lavline Choudhary son of late Jangbahadur Choudhary, resident of village Amritpur, PS Prasidhapur, District Vaishali, presently posted at Circle Office Riga Sitamarhi 34. Rabindra Kumar Jha son of Late Deo Narayan Jha, resident of village Balbhadrapur, PS Balbhadrapur, District Darbhanga, presently posted at the office of Child Development Project Darbhanga (Gramin) Darbhanga 35. Md. Shoukat Ali son of Md. Shafik Ahmed,, resident of village Sarai Sattarkha, PS Laheriasarai, District Darbhanga, presently posted at Circle Office Jale at Darbhanga 36. Baidhnath Ram son of Late Hariram, resident of village Partapur, PS Maheshi, District East Champaran, presently posted at Block office Manigachi of Darbhanga 37. Baidhnath Choudhary son of Sukhari Choudhary, resident of village Jagdish Kamtoli, PS Kudhni, District Muzaffarpur, presently posted at Circle Office Kebti at Muzaffarpur 38. Durga Prasad Sharma son of Sri Ram Jee Rai, resident of village Kewatliya, PS Darouli, District Siwan, presently posted at Circle Office Ekma District Saran 3 39. Suresh Chandra Mishra son of Sri Ramayan Mishra, resident of village Bhringi Chok, PS Kataiya District Gopalganj, presently posted at the office of Deputy Magistrate (Establishment) Gopalganj 40. Chandra Bhushan Prasad Singh son of Late Ram Eakhal Singh resident of village Fatehpur (Chakpar) PS Didarganj, District Patna, presently posted at the office of Joint Registrar, Co-operative Societies, Patna Division, Patna 41. Bhagirath Sah son of late Laxmi Sah, resident of village Dhaka Ram Chandra, PS Dhaka, District East Champaran, presently posted at Circle Office Motipur District Muzaffarpur 42. Dasharath Das son of Late Chathu Das, resident of village Salempur PS Pipra Kothi, District East Champaran, Presently posted at Muzaffarpur Collectorate, Muzaffarpur ----------respondents 2nd set, Formal ----------- 4 03-03-2010 Heard learned counsel for the appellants and learned counsel for the State. The appellants were earlier holding a non Government post of Manager, Primary Agriculture Credit Co-operative Societies. On account of their discontinuation from service and non payment of salary etc. their earlier litigation was settled by the Apex Court by a judgement which is reported in 1998 (8) SCC, 218. The Supreme Court directed for taking a special examination for the recruitment of such Managers on class- III posts in government service. They were to avail three such examinations. In paragraph 8 of that judgement the Apex Court has observed that after taking the examination the eligible respondents may be absorbed subject to reasonable conditions as to their past service, seniority and pension. This observation has been highlighted before us by learned counsel appearing for the appellants to submit that the only reasonable course, in the circumstances of the case, open for the respondent- State and its authorities was to give full weightage to the past service of the appellants rendered by them as 4 Secretary of the Co-operative Societies concerned for the purpose of pension. From the material on record and the observation made by the learned Single Judge who has dismissed the writ petition preferred by the appellants, it appears that the State has decided to give weightage of past service by grant of benefit of one year for five years of past service with a further stipulation that even if any of the appellants does not fulfill the minimum 10 years of qualifying service for pension, he would be deemed to have rendered such qualifying service of 10 years for the purpose of pension. The issue is whether in exercise of writ jurisdiction in respect of such a decision by the authorities, whether this court can go to reasonableness of the decision as per its own concept of reasonableness or whether it can interfere only if the decision violates established norms of law. In our considered view, such a decision falls in the category of policy decision and unless discrimination is writ large on the face of such a decision or it violates any legal provision it would not be possible for this court to interfere and substitute its own wisdom over the wisdom of the authorities. In that view of the matter, we find no good reasons to interfere in the matter. The appeal is, therefore, dismissed. It goes without saying that all the benefits flowing from the decision of the authorities should be made available to 5 the beneficiaries including the appellants expeditiously and without any delay, by the authorities themselves. BKS/- (Shiva Kirti Singh, J.) (C. M. Prasad, J.)