R.R. Prasad, J. - (1.) HEARD the parties.
(2.) LEARNED Counsel appearing for the Petitioners submits that all these Petitioners, who were working in Hazaribagh Central Cooperative Bank, Hazaribagh (for short Cooperative Bank), got retired after the year 1994, but the pay of these Petitioners was not revised even though the decision was taken for revision of pay under an order (Annexure -1) passed by the Registrar, Cooperative Society, Bihar, Patna on 4.11.1994. Learned Counsel further submits that under the said order, decision was taken that the salary of the staffs of the Cooperative Bank would be revised, if the managerial expense does not exceed 2% of the working capital. However, pay was not revised as according to the case of the Respondents, managerial expenses were more than 2% of the working capital but subsequently, words 'managerial expenses' were substituted by words 'establishment cost' under order, as contained in Memo No. 1226 dated 9.6.2008 (Annexure -2). In spite of that, benefit of revision of pay was not extended to these Petitioners though establishment cost would not have exceeded more than 2% of the working capital and hence, these Petitioners have moved to this Court.
(3.) AS against this, learned Counsel for the Respondents -Cooperative Bank submits that under resolution dated 4.11.1994, specific stipulation was there that if the managerial expenses exceed 2% of the working capital of the Cooperative Bank, pay of the employees of the Cooperative Bank would not be revised in terms of that order dated 4.11.1994 and since in case of the Cooperative Bank, where the Petitioners were working, managerial expenses exceeded 2% of the working capital, salaries of the staffs of the Cooperative Bank were never revised in terms of the order dated 4.11.1994 and since the pay had not been revised even of the working staffs, these Petitioners, who got retired after 1994, are not entitled to get relief which has been sought for.;