IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2424 of 2009 HALDHAR RAM Versus THE STATE OF BIHAR & ORS ----------- 2 20/2/2009 Heard counsel for the petitioner and Mr. Rajesh Kumar Verma, counsel appearing on behalf of the Patna Municipal Corporation. The grievance of the petitioner has only notable aspect that when he had retired from service on 31.10.1999 he was paid his retirement benefit in old pay scale, whereas, some persons, namely, Dhannu Ram, Kailash sao and Gauri Shanker Pandey who had retired with him or after him, had been given their retirement benefit in the revised pay scale. Counsel for the petitioner, therefore, submits that this is a case of clear discrimination and that the Corporation must to follow the practice of payment of enhanced retirement benefit in revised pay scale strictly according to the date of retirement by maintaining a priority list. Counsel for the Corporation is not in a position to answer right now to the aforementioned submission but he assures 2 this Court that if the petitioner files a representation to this effect the same will be looked into in the proper prospective and if any retired person with the petitioner or after his retirement has paid retirement benefit in the revised pay scale the same benefit will also be given to the petitioner. Recording this submission this Court would direct the petitioner to file a fresh representation to the Commissioner, Patna Municipal Corporation (Respondent no.2) with all details as also the basis of his claim and also the names of the persons along with their date of retirement who have already been paid retirement benefit in the revised pay scale. The authorities concerned thereafter will be under obligation to examine the same and pass a reasoned order within a period of three months of filing of such representation. It goes without saying that in case the petitioner is found entitled for payment of balance retirement benefits in the revised pay scale the differences 3 thereof (beyond what has been paid to the petitioner) will be also paid to the petitioner in the next one month. This would dispose of this application. (Mihir Kumar Jha, J.) Abhay Kumar