1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5569 of 1992 SUKHDEO RAM SON OF LATE KEDAR RAM RESIDENT OF BISCOMAUN COLONY,POLICE STATION ALAMGANJ,TOWN AND DISTRICT PATNA AT PRESENT POSTED AS ASSISTANT-CUM-TYPIST BISCOMAUN,WEST LAWN, PATNA CONVENOR OF THE 5TH PAY REVISION IMPLEMENTATION COMMITTEE OF ALL THE EMPLOYEES OF BISCOMAUN,BIHAR,PATNA ----- PETITIONER Versus 1.THE STATE OF BIHAR 2.THE SECRETARY-CUM-COMMISSIONER,CO-OPERATIVE DEPARTMENT,GOVT.OF BIHAR,NEW SECRETARIAT,PATNA 3.THE REGISTRAR,CO-OPERATIVE SOCIETIES,BIHAR,PATNA 4.BIHAR STATE CO-OPERATIVE MARKETING UNION LTD., WEST LAWN,PATNA THROUGH ITS ADMINISTRATOR 5.THE ADMINISTRATOR, BIHAR STATE CO-OPERATIVE MARKETING UNION LTD.,PATNA, WEST LAWN,PATNA-1 ----- RESPONDNETS ---- 8/ 16.09.2009 None appears on behalf of the petitioner. Heard learned Assistant counsel to learned Government Advocate No.8. The writ petitioner seeks a direction to the respondent authorities to grant the pay scale and the money benefits to all the employees of Bihar State Co-operative Marketing Union (hereinafter to be referred to as “the Biscomaun”) as per the recommendations of the 5th Pay Revision Committee, which have been given to the employees of Bihar Government. Respondent nos. 4 and 5 have placed on record their counter affidavits and have opposed the prayer. Perused the counter affidavits and the pleadings of the parties. It appears that the petitioner is an employee of the 2 Biscomaun which is a Co-operative Society registered under the provisions of the Bihar and Orissa Co-operative Societies Act,1935. It has been held by a Division Bench of this Court in the case of Harendra Narain Banker.Vrs.The State of Bihar and others reported in 1985 PLJR 1078, that Biscomaun is not `State’ within the meaning of Article 12 of the Constitution. Secondly, the recommendations of the 5th Pay Revision Committee, which were applicable to the employees of the Bihar Government, are not applicable to the employees of Biscomaun. Secondly, it is stated in the counter affidavits filed by respondent nos. 4 and 5 that no Government notification has been issued for giving the benefits of the 5th Pay Revision Committee to the employees of Biscomaun. Therefore, the recommendations of the 5th Pay Revision Committee have not been made applicable to the employees of Biscomaun. This writ petition is dismissed. (S.K.Katriar,J.) Tahir/- ( Shyam Kishore Sharma, J.)