A.K.Ganguly, J.

1. These batch of writ petitions were heard together as common questions are involved in all these cases.

2. The basic grievance of the petitioners in these batch of cases is over fixation of salary to them without dearness allowance and the contention of the petitioners in all these cases is that such grant of salary to them is violative of the provisions contained in Articles 14 and 21 of the Constitution of India.

3. The petitioners are working as Managers in Primary Agricultural Co-operative Society (hereinafter called the said PACS). The contention of the petitioners is that such appointments were made pursuant to letters of appointment issued under the signature of the Member Secretary District Co-operative Societies.

4. The petitioners have pleaded that in the year 1974 the Reserve Bank of India (hereinafter called the R.B.I.) at the request of the then Chief Minister of Bihar sent a study team to submit a report and recommendation on agricultural credit institution and to find out why the growth of Co-operative Agricultural Credit Institutions in the State of Bihar has been impeded. It is further pleaded that after a comprehensive study of the problems, the team of the R.B.I. officials submitted its report to the Government of Bihar with a recommendation to the Government to constitute a cadre of Managers for providing their services to the base-level organisation, namely, the PACS and also to Former Service Society (hereinafter called the FSS) and Jan Jatiya Sahyog Samiti (hereinafter called the J.J.S.S.). It is also pleaded that the Government of Bihar accepted the report submitted by the R.B.I. with respect to the PACS and keeping in view of recommendation of the R.B.I. and the report, a re-structuring programme was initiated and all the existing PACS were re-organized in the year 1977. As a result of this decision, the Government decided to establish a State cadre Co-operative Society for the management of the State level cadre fund in which contribution was to be made from all PACS in the State.

5. It is also the case of the petitioners that the State Government created the post of Manager for base-level organisation, namely, PACS but unfortunately the State Government did not follow the recommendation for the regular pay-scale of the persons who are employed as Managers of the PACS and instead of doing that the Government of Bihar fixed a consolidated salary of Rs. 200.00 per months for the Managers of PACS. It has also been decided by the Government that in every PACS there should be a paid Manager and it was also decided that such appointment should be made after due selection and interview through its selection committee in which the Collector of the district was made Chairman with District Co-operative Officer along with District Welfare Officer as its Members. Thereafter by a letter dated 7th August, 1980, the scale of the Manager which was consolidated earlier as rupees two hundred per month was changed and the pay-scale was given but no dearness allowance was attached to the said scale of pay. Initially, the pay-scale which was fixed was Rs. 220-315 per month. Thereafter on representation, the respondent State by an order dated 31st May, 1989 ultimately allowed the revised pay-scale of Rs. 535-765 to the Manager of the PACS with effect from 1st April, 1989. Only Rs. 30.00 was given as Travelling Allowance. This was done by the Government of Bihar, Co-operative Department by its order dated 31st May, 1989. The recommendations of the 5th Pay Revision Committee were, however, not extended to the Managers of the PACS but when representation was made the stand of the State Government was that such Managers are not the State Government employees. Ultimately, the State-respondents issued another order No. 141 dated 18th January, 1994 by which the pay-scale of the Manager was again revised to Rs. 975-1,540 with effect from 1-1-1994 and the travelling allowance of the Manager was raised from