06/ 03-Mar-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.18 of 2009 LALAN PRASAD AGED ABOUT 64 YEARS S/O LATE JAWALA PRASAD, R/O MOHALLA-YARPUR MADHURI BHAWAN, DR.N.C.GOSH LATE P.S.- GARDANIBAGH, DIST-PATNA A RETIRED LEAVE RESERVE OFFICER, PATNA IN BIHAR AGRICULTURE SERVICE-CLASS-II GAZETTED GOVERNMENT OFFICER……………...PETITIONER Versus 1. THE STATE OF BIHAR THRU THE AGRICULATURE PRODUCTION COMMISSIONER, VIKASH BHAWAN, PATNA. 2. THE FINANCE COMMISSIONER, GOVERNMENT OF BIHAR, OLD SECRETARIAT BUILIDING, P.S.SACHIWALAYA, DISTT-PATNA 3. THE DIRECTOR OF AGRICULTURE, DEPARTMENT OF AGRICULTURE, VIKASH BHAWAN POLICE STATATION SACHIWALAYA, DISTT-PATNA. 4. THE DEPUTY SECRETARY, I/C PERSONAL CLAIM CELL, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PANT BHAWAN, BAILY ROAD, PATNA…………OPPOSITE PARTIES/APPELLANTS. ----------- For the petitioner:- Mr. Raj Kishore Srivastava, Adv. For the Respondents:-Mr. Avinash Nandan Sinha, GP-XI Mr. Kumar Kaushik, AC to GP-XI ----------- Heard learned counsel for the petitioner and learned counsel for the State. 2. This Civil Review application has been preferred by the respondent of L.P.A.No.175 of 2007 seeking review of final judgment and order in the said 2 L.P.A., passed on 8th August, 2008. 3. A perusal of the order under review shows that Division Bench decided the L.P.A. on undisputed fact that the respondent was one of the petitioners in the writ petition bearing C.W.J.C.No.12050 of 1993(Bihar Agriculture Graduate Service Association and Others Vrs. State of Bihar & Others). That writ petition was dismissed on 10th January, 1997 and the Letters Patent Appeals arising from that matter were also dismissed by a Division Bench of this Court on 21st May, 2008. The Bihar Agriculture Graduate Service Association and its members including the petitioner, thus, failed in earlier writ petition in fighting for scale of Rs.2200-4000 and instead the government order deciding to place them in pay scale of Rs.2000-3800 was approved by the Division Bench. 4. In the aforesaid circumstances, the order under review rightly interfered with the views of the learned single Judge in the order dated 11th May, 2006 passed in favour of the petitioner and decided to follow the decision passed by another Division Bench on 21st May, 2008 in L.P.A.No.166 of 1997 and other connected 3 matters. 5. The present writ petition was filed by the petitioner in the year 2002 to claim a replacement scale on the premise that earlier he was entitled to scale of Rs.2200-4000. This premise cannot exist in view of the Division Bench judgment dated 21st May 2008 and hence the order under review, in our view does not suffer from any factual or legal error and requires no interference. The review petition is dismissed. perwez (Shiva Kirti Singh, J.) (Gopal Prasad, J.)