IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4036 of 2007 NIYAMATULLAH, son of Late Vajuddin, resident of village- Sonapur, P.O.-Aabadpur, P.S.-Barsoi, District-Katihar. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Rural Development, Govt. of Bihar, Patna. 2. The Director, Chakbandi, Govt. of Bihar, Patna, Mudh Marge, District- Patna 3. The Deputy Director, Chakbandi, Katihar. District- Katihar 4. The Chakbandi Officer, Pothia, Kishanganj. 5. The Accountant General, Bihar, Patna. ----------- 2 11.02.2010 Heard Mr. Mukesh Kumar Jha learned counsel appearing on behalf of the petitioner, Mr. Rajesh Kumar A.C. to G.P. 20 for the State and Mr. J.P. Karn, learned counsel for the Accountant General are present. Learned counsel for the petitioner contends that the petitioner was appointed on 24.2.1973 and retired with effect from 31.1.1996 from the post of Amin in the office of Consolidation Department, Pathia, District- Kishanganj. Learned counsel further submits that although pay revision took place with effect from 1.1.1996 but the pension of the petitioner was fixed in the pre-revised scale and he continues to draw as such. He further submits that as he retired on 31.1.1996 i.e. after the 2 pay revision came into effect hence the pension fixation should have been made on the basis of the revised pay scale. No counter affidavit is on record. Learned counsel for the Accountant General submits that there is some dispute as regarding the actual date of retirement. Be that as it may, no purpose would be serviced in keeping the writ petition pending and is disposed of with the liberty to the petitioner to raise his grievance before the Director, Consolidation, Government of Bihar, Patna and who will consider and dispose of the same in accordance with law within a period of three months from the date of such representation is filed. The writ petition is disposed of. Bibhash (Jyoti Saran, J. )