IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.951 of 2006 RAVINDRA KANT MISHRA Versus UDHAWA PANDEY ----------- For the Petitioner : Mr. Dharmendra Kr. Sinha, Adv. For the Respondent : Mr. Rabindra Kr. Priyadarshi, Adv. --------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 9th July, 2008. That, the retiral benefit has been paid on the basis of old pay scale is not in dispute. The grievance of the petitioner is that retiral benefits ought to have been paid keeping in view the revised pay scale. 2. The counsel for Gaya Municipal Corporation submits that until the fund is released by the State Government, Corporation is not in a position to pay the retiral benefits and revised pay scale. He further submits that as soon as the funds are released by the State Government and received by the Corporation, the retiral benefits at revised pay scale shall be given to the petitioner. 3. In what we have observed above, we do not find any justification in keeping this MJC pending. It is accordingly disposed of. However, it is observed that no sooner the - 2 - Corporation receives the fund from the State Government towards revised pay scale, the retiral benefits of the petitioner shall be re- calculated and differencial shall be paid immediately thereafter. R. M. Lodha, CJ Kishore K. Mandal, J Anil/