IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10613 of 2010 PRAFULLA CHANDRA CHAUDHARY, SON OF LATE SUBH NARAYAN CHAUDHARY, RESIDENT OF ROAD NO.4, MAHESH NAGAR, PATNA, P.S. PATLIPUTRA, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. BIHAR INSTITUTE OF PUBLIC ADMINISTRATION & RURAL DEVELOPMENT WALMI COMP-LEX PHULWARI SHARIF, PATNA THROUGH ITS DIRECTOR GENERAL. 3. CHIEF SECRETARY CUM PRESIDENT/CHAIRMAN BIHAR INSTITUTE OF PUBLIC ADMINISTRATION & RURAL DEVELOPMNET WALMI COMPLEX PHULWARI SHARIF, PATNA. 4. DIRECTOR GENERAL BIHAR INSTITUTE OF PUBLIC ADMINISTRATION & RURAL DEVELOPMNET WALMI COMPLEX PHULWARI SHARIF, PATNA. 5. PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS(GENERAL ADMINSTRATION) DEPARTMENT GOVERNMENT OF BIHAR PATNA. 6. PRINCIPAL SECRETARY RURAL DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA. ----------- 02. 09.07.2010 Heard learned counsel for the petitioner, the State and the counsel for the Bihar State Industrial Development Corporation(hereinafter referred to as the Corporation). 2. Petitioner has filed this writ application for a direction to the respondent authorities to grant him the scale of Rs.12,000-16,500/- as has been stated in the requisition letter dated 19.6.2006, Annexure- 3 and it is submitted that petitioner being the employee of the Corporation opted for deputation on the post of Joint Director, Accounts in the light of the requisition letter dated 19.6.2006 and thus he should be allowed the same scale. Before opting for deputation petitioner served the Corporation on the post of Financial Advisor in the prerevised scale of Rs.3700-5000/-. In the Corporation 5th and 6th pay Revision Recommendation has not yet been adopted, in the - 2 - circumstances, petitioner is still in the prerevised scale of Rs.3700- 5000/-. As the petitioner is serving in the parent organization in the prerevised scale he cannot be allowed corresponding higher scale in terms of 5th Pay Revision Recommendation as the others serving in his organization are in the prerevised scale. 3. Accordingly, I am not in a position to direct the respondent authorities to grant petitioner the scale of Rs.12000- 16500/-. The writ application is dismissed. Rajesh/ (V.N.Sinha, J.)