IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12992 of 2009 DR.ONKARESHWAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :M/s Man Mohan & Vikash Mohan,Advocates For the State : Mr N.K. Sinha, AAG 10 For Accountant General: Mr Uday Kumar,Advocate -------- 2. 12.10.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was promoted from the post of Senior Joint Director in the Directorate of Statistics to the post of Director. However, he continued to receive the pay scale of Senior Joint Director. He came to this Court in CWJC No. 13279/2003 and 8803/2003 which were disposed by a common order dated 13.12.2004.This Court noticing the resolution of the Finance Department dated 12.1.2004 with regard to revision of pay scale with effect from 1.1.1996 gave direction to grant the pay scale of Rs. 14,300 – 18,300/- to the petitioner on the post of Director. The petitioner superannuated on 31.7.2004. The grievance in this writ application is that the revised pay scale of Senior Director with effect from 1.1.1996 has now been notified on 19.5.2008 at Annexure 4 to the writ application as 14,300-400-18,300/- . As a consequence of the revision of the pay scale of Senior Director, consequently the pay scale of the post of Director has also to be revised and which has not been determined. The respondents are obliged to determine the same which shall then entitle the petitioner to a scale higher than Rs. 14300-18300/- on the post of Director as also the difference of the arrears of salary on the enhanced scale of Senior Joint Director. The petitioner has represented before the authorities at Annexure 7 series which remains pending consideration. Learned Counsel for the State submits that if the pay scale of Senior Joint Director has itself been revised the matter may need consideration of the authorities for refixation of the scale of Director accordingly. Fixation of pay scale is a matter for the employer to decide in accordance with law. This Court is prima facie satisfied that if what the petitioner urges is true he may be entitled to difference of enhanced pay on the post of Senior Joint Director and also revision of his pay scale on the post of Director for enhancement beyond that granted pursuant to the earlier orders of this Court. The writ petition is disposed with a direction to the respondents to decide the representation of the petitioner for arrears of the enhanced pay scale of Senior Joint Director and enhancement of pay scale on the post of Director within a maximum period of three months from the date of receipt and/or production of a copy of this order. If the respondents propose to deny the benefits to the petitioner they shall be obliged to furnish materials in respect of the same and an opportunity for personal hearing if the petitioner so requests and only whereafter they are required to pass a reasoned and speaking order. The writ application stands disposed off. Snkumar/- (Navin Sinha,J.)