IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1477 of 2010 PRAMA NAND RAI S/O LATE DAYALI RAI R/O MOH- SANDALPUR, HOME NO. 8-89, BISCOMAN COLONY, ALAMGANJ, DISTT. PATNA GETE STENOGRAPHER, THE BIHAR STATE CO-OPERATIVE MARKETING UNION LTD., WEST GANDHI MAIDAN, PATNA-1 Versus 1. THE STATE OF BIHAR REPRESENTED THROUGH CHIEF SECRETARY GOVT. OF BIHAR, OLD SECRETARIATE, PATNA 2. THE REGISTRAR DEPTT. OF CO-OPERATIVE SOCIETY, GOVT. OF BIHAR, NEW SECRETARIATE BUILDING, PATNA 3. THE BIHAR STATE CO-OPERATIVE MARKETING UNION LTD. (BISCOMAUN) WEST GANDHI MAIDAN, PATNA-1 REPRESENTED THROUGH ITS MANAGING DIRECTOR 4. THE MANAGING DIRECTOR BIHAR STATE CO-OPERATIVE MARKETING UNION LTD., WEST GANDHI MAIDAN, PATNA-1 5. SRI RANA SHANKAR KUMAR RETD. SECRETARY TO MANAGING DIRECTOR BISCOMAUN, PATNA-1, R/O BISCOMAN COLONY, HOUSE NO. B-52, P.O. GULZARBAGH, P.S. ALAMGANJ, DISTT. PATNA For the Petitioner :- M/s Tilak Sao, Rajesh Mohan, Advocates. For the BISCOMAUN :- Mr. Vikas Kumar, Advocate. ----------- 03. 18.02.2010 Heard learned counsel for the petitioner, the State and the counsel for the Bihar State Co-operative Marketing Union(hereinafter referred to as the “BISCOMAUN”). 2. Petitioner, who superannuated while serving as Stenographer in the BISCOMAUN with effect from 30.11.2006 has filed this writ application asserting that his better claim for promotion on the post of Secretary to Chairman as also Secretary to Managing Director was not considered by the authorities of BISCOMAUN as also the Registrar, Co-operative Societies, Bihar and on the said post respondent no.5, although inferior to the petitioner in merit was promoted. From the writ application it appears that respondent no.5 was allowed promotion on the aforesaid two posts in the year 1983 and 1987. Petitioner challenged the action of the authorities to promote respondent no.5 on the aforesaid two posts before the - 2 - Registrar, Co-operative Societies but the Registrar never passed any positive direction in favour of the petitioner. Matter was also brought to this Court earlier, as is evident from the orders of this Court dated 15.3.1985, 8.5.1986, 19.1.1988 and 29.2.1996 as contained in Annexures-1, 1/1, 1/2 and 1/3 but from perusal of the aforesaid order passed by this Court as well, it does not appear that any positive direction to promote the petitioner on the post of Secretary to Chairman as also Secretary to Managing Director was ever passed. Petitioner continued to represent the matter before the authorities and while those representations remained pending, he superannuated with effect from 30.11.2006. By filing the present writ application on 27.1.2010 he is calling upon this Court to direct the authorities of the BISCOMAUN to consider his case for said promotion with effect from the date respondent no.5 was allowed promotion on the two posts. 3. Counsel for BISCOMAUN has opposed the prayer. He states that BISCOMAUN is a co-operative society and not the State within the meaning of Article-12 of the Constitution of India, as such not amenable to the writ jurisdiction of this Court in service matters of the employees of BISCOMAUN. He further states that the writ application having been filed alleging irregularities in promotion made in the year 1983 and 1987 is barred by laches as petitioner has chosen to come to this Court after two decades of the injuries meted out to him as also after four years of his retirement. In the circumstances, this Court should be slow in entertaining the writ petition. - 3 - 4. Having heard counsel for the parties, I am of the view that presently BISCOMAUN is governed by its Managing Committee and as such, in view of the Full Bench judgment of this Court passed in the case of Rajendra Prasad Sah and Anil Kumar Ojha Versus the State of Bihar & Ors., reported in 2000(4) PLJR 273, is not a State within the meaning of Article-12 of the Constitution of India and its employees are not entitled to invoke the writ jurisdiction of this Court in service/promotion matters. In the circumstances, I dismiss the writ application as not maintainable. Rajesh/ (V.N.Sinha, J.)