IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16093 of 2010 AJOY KUMAR MITRA, SON OF LATE RAMESH CHANDRA MITRA, RESIDENT OF MOHALLA- MITHAPUR, B. AREA, P.S.- JAKKANPUR, IN THE TOWN AND DISTRICT- PATNA :------ PETITIONER . Versus THE STATE OF BIHAR , 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA. 3. PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER PROTECTION, GOVERNMENT OF BIHAR, PATNA. 4. BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD., 5TH FLOOR, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA THROUGH ITS MANAGING DIRECTOR. 5. MANAGING DIRECTOR, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD., 5TH FLOOR, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA. 6. CHIEF OF ADMINISTRATION, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD., 5TH FLOOR, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA :---- RESPONDENTS. ----------- For the petitioner : M/S Anjani Kumar & Sudhir Kumar Upadhyay, Advocates. For the Corporation : Mr. R.S. Pradhan, Senior Advocate & Mr. A.N.Rai, Advocate. For the State : Mr. Nityanand Jha, A.C. to G.P. X. ====== 3. 28.09.2010. Heard learned counsel for the petitioner, State and the counsel for the Bihar State Food and Civil Supplies Corporation Limited (hereinafter referred to as the “Corporation”) who has also filed counter affidavit, which is taken on record. 2. Petitioner who is serving the Corporation as Deputy Chief is aggrieved by the recommendation of the Managing Director of the Corporation contained in letter bearing Memo No. 8713 dated 06.10.2009, Annexure-7, whereunder request has been made by the Managing Director to the Secretary of the Food and Consumer Protection Department (hereinafter referred to as the - 2 - “Department”) to grant approval for granting replacement scale of Rs. 10,000-15,200/- to the petitioner. Such recommendation according to the counsel for the petitioner is in teeth of the orders of the High Court passed in the writ petition and the Letters Patent Appeal contained in Annexures 6 and 6/1 as in terms of the orders of the High Court petitioner was allowed first time bound promotion with effect from 19.05.1993 in the scale of Rs. 3700- 5,000/-, replacement scale whereof according to the counsel for the petitioner is Rs. 12,000-16,500/- and not Rs. 10,000-15,200/-. In this connection learned counsel for the petitioner has relied on the recommendation of the Committee, Annexure-4, the report of the Fitment Committee and the resolution of the Finance Department dated 8th February, 1999, Annexure-6. 3. Aforesaid contention is being refuted by the counsel for the Corporation with reference to the statement made in the counter affidavit as also the order of the State Government dated 4th December, 2009, Annexure-G, wherefrom it appears that the replacement scale of pre-revised scale Rs. 3700- 5,000/- is Rs. 10,000-15,200/-. 4. Counsel for the petitioner in rejoinder - 3 - submitted that aforesaid Government order dated 4th December, 2009 is contrary to the resolution of the Finance Department dated 8th February, 1999 and the report of the Committee, Annexure-4 as the effect of granting replacement scale of Rs. 10,000- 15,200/- is to negate the first time bound promotion granted to the petitioner with effect from 19.05.1993. 5. Having heard counsel for the parties instead of myself deciding the rival contentions raised by the petitioner and the Corporation I deem it expedient to direct the Secretary of the Department to consider the representation of the petitioner before granting his approval to the request of the Managing Director contained in letter dated 06.10.2009, Annexure-7. 6. Let the petitioner represent before the Secretary of the Department annexing a copy of my order and the representation be considered and disposed of as early as possible, in any case within a period of two months from the date of its receipt. 7. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)