IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8017 of 2010 KAPILDEO PRASAD son of LATE SHRI MAHARAJ PRASAD, C/O- SRI MAHESHWAR PRASAD SINHA, RESIDENT OF SAVITRI BHAWAN, MOHALLA - DUJRA CHAK, P.S. BUDDHA COLONY, DISTRICT – PATNA Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE COMMISSIONER-CUM-SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT, BIHAR, PATNA 3. THE CHIEF ENGINEER (MECHANICAL) PUBLIC HEALTH ENGINEERING DEPARTMENT, BIHAR, PATNA. 4. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH ENGINEERING DEPARTMENT, MECHANICAL DIVISION, PATNA. 5. THE EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DEPARTMENT, WESTERN MECHANICAL DIVISION, PATNA. 6. THE ASSISTANT ENGINEER(SUB DIVISIONAL OFFICER) PUBLIC HEALTH ENGINEERING DEPARTMENT, PATNA. 7. SPECIAL OFFICER, HEALTH ENGINEERING DEPARTMENT, BIHAR, PATNA. ----------- 02. 07.05.2010 Heard learned counsels for the petitioner and Mr. Anil Kumar Jha, Government Advocate No. – II for the State. The grievance of the petitioner is that respondents are obliged to settle the pensionary benefits of the petitioner on the correct pay scale on the post of Junior Accounts Clerk, who superannuated on 31st of August 2009. It is submitted that petitioner alongwith other such employees approached this court with regard to their grievance that the correct pay scale has not been fixed by the State Government and as such they deserve to be directed to fix the correct pay scale as 2 per the extant instructions of the State Government vide C.W.J.C. No. 14876 of 2009 which was disposed of by order dated 23rd of November 2009 as contained in Annexure- 16, whereby the respondent – State was directed to take final appropriate decision in the matter within a time indicate in the order but no decision has been taken with regard to fixation of correct pay scale despite request. Notwithstanding the above submission is that petitioner is at least entitled to receive the pensionary benefits on the correct pay scale which is not in dispute but no pensionary benefits has been paid to the petitioner till date. Learned counsel appearing for the respondent- State submits that the grievance of the petitioner shall be considered without delay as per law. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the pending claims with regard to pensionary benefits, petitioner proposes to file a representation before the respondent no. 5. In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of six weeks along 3 with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the above respondent shall consider the claims of the petitioner as raised in the representation in accordance with law expeditiously, preferably within a period of four months on receipt of such representation. The writ application stands disposed of with the above observations/directions. Jagdish ( Shailesh Kumar Sinha, J)