IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13701 of 2003 1 Shri Pramod Kumar Verma, son of Shri Kapileshwar Prasad, resident of Mohalla – Adarshnagar, P S – Samastipur, District – Samastipur, at present posted as Deputy Manager at Barauni Milk Union, Barauni 2 Shri Suresh Kumar, son of Sakhi Chandra Sahu, resident of Village – Jirasi, P S – Naugachia, District – Bhagalpur, at present posted as Deputy Manager, Barauni Milk Union, Barauni 3 Shri Sitesh Nandan Prasad, son of ….., resident of Mohalla – Palnerganj, Bageswari Road, Central School, Gaya, P S – Gaya, District – Gaya, at present posted as Deputy Manager, Barauni Milk Union, Barauni 4 Shri Ram Krishna Singh, son of late Uchit Lal Singh, resident of Village – Tarar, P S – Sanhaula, District – Bhagalpur, at present posted as Deputy Manager, Barauni Milk Union, Barauni 5 Shri Umesh Chandra Verma, son of Shri K C Verma, resident of Mohalla – Kharka, P S – Katihar, District – Katihar, at present posted as Deputy Manager, Barauni Milk Union, Barauni - Petitioners Versus 1 The State of Bihar through the Chairman – cum – Secretary, Department of Animal Husbandry, Bihar Vikash Bhawan, Patna 2 The Managing Director, Bihar State Cooperative Milk Producers’ Federation Limited, Patna - Respondents ----------- 4 30.07.2009 Even though the writ petition has been pending in this Court for over 6 years and is listed virtually at the top of the list for over a month, inspite of repeated calls, no one appears for the petitioners. Learned counsel for the Bihar State Cooperative Milk Producers Federation Limited and State are present. The grievance of the petitioners is that consequent to the 04th pay revision of the State Government, their pays were also revised in consonance with recommendations contained therein. Petitioners are Deputy Managers and their revised pay scale was, accordingly, fixed at Rs 3,000/- to Rs 4,500/- which is said to be in consonance with the resolution of the State Government in the Department of Finance dated 18th December, 1989. It appears thereafter the State Government 2 reconsidered the matter in relation to certain specified departments as is apparent from Annexure-4 being State Government resolution in the Department of Finance dated 21st of March, 1991. These departments were Finance, Animal Husbandry, Agriculture, Labour and Education. Having considered the matter, the State Government revised the replacement pay scale and now instead of Rs 3,000/- to Rs 4,500/-, it was fixed at Rs 3,700/- to Rs 5,000/-. This is the grievance of the petitioners that this commensurate benefit has not been given to them. As apparent from the impugned annexure being order dated 20.04.2002 of the Managing Director, as contained in Annexure-8, he has clearly given up that the employees of the Federation are not governed by the pay scales or service conditions as fixed by the State Government. He has pointed out that there are neither time bound promotions nor other such promotions given. Federation has its own system and promotional avenues. It is because of that the Federation took its own independent decision and, as such, merely because State Government modified its resolution, the same would not apply automatically to the Federation or its employees. In my view, the order of the Managing Director requires no interference. The notification revising the replacement pay scale would automatically apply to the Federation employees if it is shown that in all respects, the employees of the Federation and the employees of the State Government enjoy the same service conditions. That is fundamentally not there. That being so, the revised pay scales by State Government which was only in respect of some of its departments 3 would not automatically apply to the employees of the Federation. The writ petition merits no consideration. It is dismissed accordingly. M.E.H./ (Navaniti Prasad Singh)