IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13737 of 2002 BAIDYANATH PRASAD son of late Tappi Choudhary resident of Nai Bazar, Bailhatta, Pokhra, Siwan, P.S. and District- Siwan. ….Petitioner Versus 1. THE STATE OF BIHAR through the Agriculture Production Commissioner- cum- Secretary, Agriculture Department, Government of Bihar, Patna. 2. Director of Agriculture, Bihar, Patna. 3. Deputy Secretary, Agriculture Department, Govt. of Bihar, Patna. 4. The Accountant General Bihar, Bir Chand Patel Path, Patna. ----------- 3. 08.07.2009. Heard Mr. Ashok Kumar Jha, counsel for the petitioner and counsel for the State. The prayer made in this writ application reads as follows:- “i). That this is an application for a direction to the respondent authority to the extent that the non grant of increment in pay scale of Rs.1000-1820 since 12.1.1983 is illegal because of grant of promotion and grant of higher pay scale in view of Resolution no. 3014 dt. 31.7.1980 and be further pleased to direct the respondent to grant the same and consequential benefits.” At the outset, Mr. Jha very fairly submits that he is not pressing the monetary part of reliefs for grant of increment in pay scale of Rs.1000-1820 from 12.1.1983 to the petitioner till the date of his retirement but then he would submit that the pensionary benefits on account of revision of pay scale must be given to the petitioner as he cannot be allowed to stand looser both way. Considering the fact that the writ application was filed in the year 2002 (on 9.12.2002) raising a grievance of 19 years back with regard to non grant of increment from 12.1.1983, this court would also hold that the petitioner cannot claim the monetary benefit of such increment from the period 12.1.1983 till his retirement but then he can not be denied of pay fixation, if said increment was wrongly denied to - 2 - him in 1983. As a matter of fact, this Court would find from the counter affidavit that the respondents have also to that extent admitted the claim of the petitioner and have intimated the Accountant General by a letter no. 2752 dated 27.6.2003 to take necessary action by revising the pay scale of the petitioner for the purposes of grant of pension. Counsel for the Accountant General on the other hand has produced a copy of letter No. Pen-I-G-656 dated 15.7.2003 which would go to show that pursuant to the aforementioned letter of the State government steps have already been taken by finalizing and revising pension and gratuity as also difference of unutilized earned leave. In the normal circumstances, the limited relief to which the counsel for the petitioner has confined his submission in the manner indicated above, has already been given to the petitioner in terms of the aforesaid order of the Accountant General dated 15.7.2003 but it is made clear that if the petitioner has any further grievance due to non- implementation of the said order of the State Government passed in Resolution No. 3014 dated 31.7.1980 (Annexure-A) and the order of the Accountant General dated 15.7.2003 he will have a liberty to move the Respondents for claiming further benefit, if any, in terms of aforesaid orders. With the aforementioned observations and directions, this writ application stands disposed of. kanchan (Mihir Kumar Jha, J.)