SYED MANAZIR AHSAN, SON OF LATE SYED ZAKIUL HASAN, RESIDENT OF VILLAGE BARO, POLICE STATION PHULWARIA, VIRA BARAUNI, DISTRICT Vs. THE STATE OF BIHAR, THROUGH THE SECRETARY, CO

JUDGEMENT

(1.) This application under Art. 226 of the Constitution of India has been filed seeking a direction to the respondent, Bihar State Co-operative Milk Producers Federation Limited, Patna (hereinafter referred to as the COMFED) to consider the case of the petitioner for his promotion in the grade of Rs. 580-860.00 with effect from 01/03.08.1988. The petitioner has also sought for a direction for considering his case for further promotion in the higher scale for the post of Assistant in the years 1991,1994 and 1997 on the ground that persons junior to him have since been granted promotion in the aforesaid higher grades on the post of Assistant. The petitioner also seeks consequential benefit of payment of arrears on account of promotion which he claims that he was entitled to.

(2.) Learned counsel appearing on behalf of the respondents has drawn my attention to a Full Bench judgment of this Court in case of Vidya Bhushan Singh Abhai Vs. The State Co-operative Milk Producer's Federation Limited reported in 2010 (4) PLJR 26 (F.B.) wherein, it has been held that COMFED is not a State within the meaning of Art. 12 of the Constitution of India and, therefore, is not amenable to the writ jurisdiction.

(3.) In such view of the matter, in the light of the Full Bench judgment of this Court in case of Vidya Bhushan Singh Abhai (supra), this writ petition under Art. 226 of the Constitution of India cannot be entertained and is accordingly dismissed.