IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2323 of 2007 Abdus Samad Naaz son of late Sk. Badiuzzama, R/o Mohalla Noorinagar, Rajabari P.S. K. Hat, District Purnia ……….Petitioner. Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Chief Secretary, Govt. of Bihar, Patna. 3. The Commissioner-cum-Secretary, Food Supply and Commerce Department, Govt. of Bihar, Patna. 4. The Secretary, Finance Department, Govt. of Bihar, Patna 5. The District Magistrate, Purnia. 6. The District Supply Officer, Purnia. 7. The Sub-Divisional Officer, Damdaha, Dist. Purnia …..Respondents. ---------------------------------- 3 23.08.2011 Heard learned counsel for the petitioner and the State. 2. This writ application has been filed for a direction to the State respondents to grant the petitioner pay scale of Rs. 6500- 10500/- pursuant to 5th Pay Revision notification dated 8.2.1999 (Annexure-2) as there-under the revised scale was made applicable to the employees of the State Government with effect from Ist January 1996 with direction to grant financial benefit with effect from 1.4.1997. The petitioner superannuated while serving as Senior Marketing Officer with effect from 31.1.1999 in the circumstances he is entitled to the scale of Rs. 6500-10500 with effect from 1.4.1997 so submitted counsel for the petitioner. 3. It is submitted on behalf of the petitioner that he is entitled for the aforesaid scale of Rs. 6500-10500/- for the period between 1.4.1997-31.1.1999. In this connection reliance is placed on the notification of the State Government bearing Memo No. 2607 dated 5th June 1993 where-under petitioner while holding substantive post of Marketing Officer was allowed second time 2 bound promotion in the scale admissible to the Senior Marketing Officer i.e. 2000-3800/- corresponding scale whereof in the 5th Pay Revision recommendation is Rs. 6500 – 10500/-. On the basis of such corresponding scale it is submitted that petitioner should also be allowed higher scale with effect from 1.4.1997 till the date of his superannuation i.e. 31.1.1999. 4. I regret not to accept such submission, in view of the fact that under paragraph 11 of the resolution of the Government dated 8.2.1999, time bound promotion was cancelled with effect from 1.1.1996 and revised scale is to be given to the employees with reference to the post he was holding. The petitioner on the date of his superannuation was holding the post of Marketing Officer revised scale whereof is indicated in serial No.6 of the notification dated 8.2.1999 (Annexure-2) i.e scale of Rs. 5500- 9000/- which was paid to the petitioner with effect from 1.4.1997. 5. In the circumstances, I am not inclined to pass any favourable order in favour of the petitioner. The writ petition is dismissed. M.Rahman (V. N. Sinha, J)