IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.528 of 2009 Harideo Lal Sah . Versus The State Of Bihar & Ors . ----------- 2/ 27/06/2011 Heard learned counsel for the petitioner and learned counsel for the State. Despite the filing of the writ petition nearly two and a half years ago, no counter affidavit has been filed. Conversely the petitioner also appears to have woken up on 7.1.2009 for fixation of his pension when he has superannuated on 31.8.2001 and claims to be receiving provisional pension. Both parties therefore appear to be sharing a part of the blame by being tardy and indolent. It is stated that the petitioner was appointed as a Lab Assistant in the work charged establishment of the Road Construction Department on 20.6.1962. It is his claim that he passed the Hindi Noting and Drafting Examination on 19.10.1968. His service book was also opened and he was absorbed in regular establishment, promoted to the higher post of Research Assistant on 11.10.1980. But, he continued to draw the minimum of the pay-scale at Rs.5000/- contrary to his entitlement of the pay-scale of Rs.5800-8000/-. He superannuated in that capacity. He has been paid his provisional pension by letter No.327 dated 10.6.2003 at Rs.2500 2 only per month based on the last actual pay drawn of Rs.5000 apart from gratuity, leave encashment etc. Learned counsel for the petitioner from outside the records submitted from an undated communication of the year-2005 issued by the office of the Executive Engineer, Darbhanga that there was a need to re-fix the scale of the petitioner. The Court cannot take notice of the same as it does not form part of the records. However, from Annexure-8 to the writ petition dated 26.4.2007 the Court finds that the matter is pending consideration before the authorities who have made certain queries and have applied their mind to the issue. The petitioner claims that he has replied to the queries also on 21.8.2005 itself. If the petitioner was absorbed in the regular establishment, fulfils the requirements of pensionable service and in furtherance thereof provisional pension along with the post retiral benefits have also been paid, naturally the petitioner is entitled to the same fully in accordance with law. No useful purpose is going to be served by keeping the writ application pending before this Court when both sides must bear a part of the blame in not being vigilant in protection of their respective right and interests. 3 Let the petitioner represent before the Chief Engineer, Public Works Department, Patna who shall grant the petitioner a personal hearing and then pass final appropriate orders. It is expected that if there is justification in the claims of the petitioner necessary consequential orders inclusive of arrears shall be passed within a maximum period of six months from the date of receipt/presentation of a copy of this order before the Chief Engineer. Conversely, if after grant of personal hearing the Chief Engineer opines otherwise, let him pass a fully reasoned and speaking order disclosing full transparency and application of mind to the grounds and reasons for rejecting the claim, to facilitate judicial review, should the need arise. The writ application stands disposed. KC ( Navin Sinha, J.)