IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11964 of 1996 KEWAL ORAON & ORS Versus THE STATE OF BIHAR & ORS ----------- 08 22.08.2008 Heard learned counsel for the petitioner and learned counsel for the State. All the petitioners are supposed to be permanent employees of the now dissolved Bihar State Agricultural Marketing Board. They were working as graduate assistants and were initially drawing salary in the pay scale of Rs. 850- 1360. Subsequently on the recommendation of the Fourth Pay Recommendation Commission, they were given pay scale of Rs 1500-2750. The contention of the petitioner is that for similar post and position the counter part in the State Government were allowed pay scale of Rs 1600-2780 and this is according to them is their entitlement. They plead discrimination as well as mis-application in granting pay scale to these petitioners by unnecessarily creating anomaly in the matter. Contention of the petitioner is that similar situated persons in the State have already drawn salary on the pay scale based on judicial decision. In this regard their claim and their case has remained pending for consideration by this court for quite a while when certain developments have taken place in the meanwhile. By virtue of Act 23 what is known as Bihar Agriculture Produce Market (Repeal Act 2006), the Bihar State Agriculture - 2 - Marketing Board stands dissolved. All the assets and liabilities have been vested in the State Government. The legislation in section 5 states that all officers and employees of the Board shall be treated to be in employment as if the act had not come into force. They are entitled to the same salary and allowances which was payable to them on the day of dissolution. The section also talks in terms of group of secretaries who shall advise the Government with regard to retention of the permanent employees or otherwise. In other words, the petitioners position as employees of the dissolved Marketing Board is protected by the State legislation. The State Government therefore, has powers and responsibilities under the Act to take decision in matters of employees of the former Marketing Board, since the issue in the present dispute is with regard to the replacement of pay scale to which these petitioners are entitled to. The State Government has to take a decision in this regard in absence of the statutory body being in place due to the repeal Act. A direction is issued upon the Secretary, Agriculture Government of Bihar that he shall now get the matter examined on a representation that shall be filed by the petitioners listing out their grievances which shall be taken into consideration. A final decision shall be rendered within four months from the date of filing of such representation. The petitioners will be free to bring all the materials on record along with representation in - 3 - support of their case. The writ application stands allowed with above direction and liberty. There shall be no order as to costs. Sym/ ( Ajay Kumar Tripathi, J.)