IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9407 of 2006 YOGENDRA PASWAN, son of late Jageshwar Paswan, resident of Quarter No.J.K.S.E.56, Mohalla – Old Jakkanpur, P S – Jakkanpur, District – Patna, at present posted as Superintendent ins the Directorate, Statistics and Evaluation, Planning and Development Department, Government of Bihar, Old Secretariat, Patna. Versus 1. THE STATE OF BIHAR. 2. The Commissioner cum Secretary, Department of Planning and Development, Government t of Bihar, Patna. 3. The Director, Statistics and Evaluation Directorate, Old Secretariat, Patna. 4. The Commissioner cum Secretary, Department of Finance, Government of Bihar, Patna. ----------- For the petitioner: M/S. Satish Chandra Mishra and Md. Nurul Hoda. For the State : Ms. Hansa Jha, AC to SC 19. ------- 02. 19.11.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has made a claim that he is entitled to the pay scale of Rs.6500-10500/- by virtue of the replacement scale given by the 5th Pay Revision Committee effective 1.1.1996. Petitioner has been promoted to the post of Superintendent Typist in terms of the notification issued by the respondents as would be evident from perusal of Annexure-6 dated 8th March, 1996. In the counter affidavit filed on behalf of the State only a bald and omnibus statement has been made that claim of the petitioner was considered and rejected. No order as such has been annexed. The reasoning given is supposed to be so-called circular of the Finance Department, which is Resolution No. 5552 dated 23.7.2003, which talks about identifying certain post as need-based post. The Court is not wiser as to the reason for rejection of the 2 claim of the petitioner because if a speaking order had been passed the petitioner ought to have been communicated the same or at least annexed with the counter affidavit to pin-point the issue. The generality of the pleadings also prevents the Court from adjudicating the matter. The writ application is disposed of with liberty to the petitioner that he shall lodge his claim afresh before the Director, Statistics & Evaluation Directorate, Government of Bihar, who shall get the matter examined afresh and pass speaking order with regard to the claim of the petitioner. The Court expects a decision on the issue with a communication of the said decision within a period of four months from the date of filing of such application. If any clarification is required by any other department, the same should also be obtained within the time frame. rkp ( Ajay Kumar Tripathi, J.)