IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4906 of 2004 MAZHER HASSAN KHAN, son of Late Enamul Haque Khan, Resident of Mohalla-Gawal Bigha, Kali Pokhar, P.S. Rampur, Gaya. ----------------Petitioner Versus 1. THE STATE OF BIHAR, through the Secretary, Art, Culture and Youth Department, Vikas Bhawan, Patna. 2. The Secretary, Art Culture and Youth Department, Vikas Bhawan, Patna 3. The Finance Commissioner, Govt of Bihar, Old Secretariate, Patna. 4. The Director (Youth Welfare) Art, Culture, and Youth Department, Vikas Bhawan, Patna 5. The District Education Officer, Gaya 6. The Accountant General, Bihar, Virchand Patel Marg, Patna. ----------------Respondents. ----------- For the Petitioner:- Mr. Bankey Bihari Singh,Adv. Mr. Sanjay Kumar, Adv. Mr. Shailendra Prasad, Adv. For the Respondents:- Mr. SC-9 Mr. J.P. Karn, Adv. ------------- 3. 22.07.2010 I.A. No. 6509 of 2008 has been filed by the widow of petitioner claiming herself to be the legal heirs namely, Anjum Ara . This is so because the original petitioner died on 11.7.2008. I.A. No. 6509 of 2008 is allowed. Let Anjum Ara be substituted in place of the original petitioner. During the pendency of the writ application certain developments have taken place because of the same, the ambit of the present dispute has narrowed down to a few basic facts. 2 The question of pay scale to which the husband of the petitioner was entitled to is finally resolved on the basis of judicial orders passed by the Court in several writ applications. Based on those decisions, a notification dated 2.12.2009 has been issued by the Department of Art, Culture and Youth Government of Bihar. The said notification has been brought on record as Annexure-19 to the writ application. Since the pay scale payable to the original petitioner and similarly situated persons have finally come to be resolved, it goes without saying that the benefit of this notification shall also accrue to the present petitioner. It is the contention of the counsel that by virtue of an earlier decision steps were taken to reduce the pay scale of all such persons including this petitioner and at least in the case of Sita Ram Prasad, the High Court has restrained the respondents from enforcing that order and making any recovery. It goes without saying that since the pay scale stands restored and notified, there may not be any occasion for any recovery or if recovered then there may be an occasion for refund if recovery has been made in terms of Annexure-12. 3 The writ application is disposed of with a direction upon the respondents that taking into consideration the notification no. 1338 dated 2.12.2009, the issue of payment of salary/pay scale and the corresponding pension etc. would now be settled preferably within a period of three months from the date of production or communication of this order. Moreso, since now it is the widow who has to receive the benefit as the original petitioner is no more. The writ application is allowed and disposed of with the above direction. Anand Kr. ( Ajay Kumar Tripathi, J.)