Heard learned counsel for the parties.

2. The prayer of the petitioner in C.W.J.C No. 5576 of 2008 reads as follows:-

“That this is an application for issuance of an appropriate writ, order or direction to the Respondents concerned for payment of retrial dues of the husband of the petitioner who was working as night guard in Bihar State Cooperative Marketing Union Limited (BISCOMAUN) at Sitamarhi and died in harness on 24.4.2003.”

3. The prayer of the petitioner in C.W.J.C No. 15818 of 2011 reads as follows:-

“That this application is directed on behalf of aforesaid petitioner for issuance of appropriate writ, order or direction as the case may for payment of post retrial dues of her husband Surendra Prasad Singh alongwith dues, salary, who died on-5.9.2007 while was serving as the Asstt Depot Manager Biscoman Respondent No. 2.”

4. As would be evident, the relief has been sought in both these writ applications against the Bihar State Cooperative Marketing Union Limited (BISCOMAUN), which is admittedly a society registered under the Bihar Cooperative Societies Act.

5. At the outset, learned counsel for the petitioners have raised preliminary objection as with regard to maintainability of the writ application. In this regard, reliance has been placed by him on the judgment of the Special Bench of this Court in the case of Harendra Narain Banker Vs. State of Bihar and others, reported in 1985 PLJR 1078 and Full Bench Judgment of this Court in the case of Rajendra Prasad Sah & Ors vs. the State of Bihar & Ors reported in 2000 (4) PLJR 273 as well as in the case of Organizer, Dehri C.D. & C.M. Union Limited vs. The State of Bihar & Ors, reported in 2014(1) PLJR 695.

6. Learned counsel for the petitioners in reply have placed reliance on a Division Bench Judgment of this Court in the case of Bihar State Co-operative Marketing Union Limited (BISCOMAUN) through its Secretary and Anr vs. Mahesh Prasad Sharma & Anr, reported in 2011 (3) PLJR 440, as well as on a judgment of learned Single Judge in the case of Madhur Rajak & Anr vs. State of Bihar and Anr reported in 2007 (2) PLJR 814.

7. In the considered opinion of this Court, once it is an admitted fact that BISCOMAUN is a society registered under the Bihar Co-operative Society Act and that not only earlier Division Bench of this Court in the case of Harendra Narain (supra) even Full Bench judgment in the case of Rajendra Prasad (supra) had also held BISCOMAUN not to be a “State” within the meaning of Article 12 of the Constitution of India, there would be no difficulty in accepting the preliminary objection of the respondents as with regard to the writ petitions being not maintainable. In this regard, paragraph nos. 12 to 14 of the Full Bench judgment of this Court in the case of Rajendra Prasad Sah (supra) becomes relevant and is quoted herein-below:-

“12. At this stage, it is very important to bear in mind that the Biscomaun itself underwent a very basic change in its legal status. As its name suggests, it is a co-operative society registered under the Bihar Co-operative Societies Act, 1935 and its management used to be vested in a managing committee, as provided under Section 14 of the Co-operative Societies Act. On 31.7.1988 its managing committee was superseded under Section 41 of the Act and an Administrator was appointed in its place to carry on the business of the Society. Before the supersession of the managing committee and appointment of an Administrator in its place, the Biscomaun was held to be neither an authority nor an instrumentality or agency of the State. It followed, therefore, that it was not amenable to the writ jurisdiction of this Court (See Harendra Narain Banker Vs. State of Bihar and others, 1985 PLJR 1078).

13. However, in Nand Kishore Rai Vs. State of Bihar, 1988 PLJR 1065 a bench of this Court considered the legal position after the managing committee of a Co-operative Society was superseded and a Special Officer was appointed in its place. It took the v