IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8815 of 2010 1. BIHAR STATE CREDIT AND INVESTMENT CORPORATION LIMITED EMPLOYEES UNION HAVING ITS OFFICE SITUATED AT- INDIRA BHAWAN 4TH FLOOR, RAMCHARITRA SINGH PATH, P.O.- G.P.O., P.S.- SRIKRISHANPURI, TOWN & DISTT.- PATNA- 800 001, THROUGH ITS GENERAL SECRETARY, SANJAY KUMAR KACHHAP, S/O LATE EMANUAL KACHHAP Versus 1. BIHAR STATE CREDIT AND INVESTMENT CORPORATION LIMITED HAVING ITS OFFICE SITUATED AT- INDIRA BHAWAN 4TH FLOOR, RAMCHARITRA SINGH PATH, P.O.- G.P.O., P.S.- SRIKRISHANPURI, TOWN & DISTT.- PATNA- 800 001, THROUGH ITS MANAGING DIRECTOR 2. MANAGING DIRECTOR, BIHAR STATE CREDIT AND INVESTMENT CORPORATION LIMITED HAVING ITS OFFICE SITUATED AT- INDIRA BHAWAN 4TH FLOOR, RAMCHARITRA SINGH PATH, P.O.- G.P.O., P.S.- SRIKRISHANPURI, TOWN & DISTT.- PATNA- 800 001 ----------- For the Petitioner : M/S. Kali Kant Jha & Manish Jha, Advocates. For the BICICO : Mr. Rakesh Kumar Singh, Advocate. ====== 3. 25.06.2010. Heard learned counsel for the petitioner and the Bihar State Credit and Investment Corporation Limited (hereinafter referred to as “BICICO”. 2. Petitioner is the union of the employees of the BICICO and has filed this writ application for a direction to the Corporation to grant them the revised pay as was recommended by the 5th Pay Revision Committee. For such payment they had also approached this Court in C.W.J.C.No. 4053 of 2010 which was disposed of under orders dated 19.03.2010, Annexure-13 directing the Managing Director to consider the request of the Union to grant the employees the scale recommended by the 5th Pay Revision Committee. Aforesaid request has been rejected under the impugned office order dated 21.4.2010, Annexure-14 observing that the financial status of the BICICO is not such that it could bear the burden of paying the salary to its employees in the revised scale recommended by the 5th Pay Revision Committee. 3. Aforesaid contents of the order is being disputed by the - 2 - counsel for the Union with reference to the statement made in the letter dated 11.08.2009 and the Annexures “d” and “[k” appended therewith. When reliance was placed on the earlier letter of the Managing Director dated 11.8.2009 this Court asked the counsel for the petitioner to inform the financial status of the BICICO as has been discovered by the auditors in the balance-sheet prepared for the year 2009-10, learned counsel for the petitioner thereafter candidly accepted the position that in the balance-sheet there is profit on the cash basis but not on the mercantile basis. In this connection, he further pointed out that another financial institution of the State Government i.e. Bihar State Financial Corporation (hereinafter referred to as “B.S.F.C.”) which is also not earning profit on the mercantile basis has allowed the benefit of the 5th Pay Revision Recommendation to its employees and similar situation is prevailing in the BICICO but the authorities have not granted the employees the benefit of the 5th Pay Revision recommendation. 4. I regret not to accept the aforesaid submission. Whether the BICICO is earning profit on cash/mercantile basis is the concern of the Board of Directors and the Managing Director of the Corporation and they are the best judge of the situation and, accordingly, I dismiss this writ petition directing the Managing Director to reconsider the matter in the light of the policy adopted by the B.S.F.C. considering the findings recorded in the balance-sheet, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. P.K.P. (V.N.Sinha,J.)