IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8749 of 2006 Kamla Jayaswal , Wife of Sri Raghunath Prasad Jayaswal, Residing at Keshav Ghat Chowk, Patna City, Police Station Chowk Patna City, District Gaya. ------------ Petitioner Versus 1 The State of Bihar. 2 The Director, Adult Education Now Jansiksha Govt. of Bihar, Patna. 3 The Commissioner cum Secretary, Finance Department, Government of Bihar, Patna. 4 The Commissioner-cum-Secretary, Education Department, Government of Bihar, Patna. -------- Respondents ----------- 2 14.05.2010 The prayer of the petitioner in this writ application reads as follows:- “2(i) For direction to the respondents concerned to pay all retired benefit to the petitioner with effect from the date the petitioner has retired from her service. (ii) For direction to the respondents to fix pension of the petitioner on the basis of revised pay scale payable to the petitioner. (iii) For direction to the respondents to pay arrears of salary for two months which remained due and has not been paid as yet. (iv) For direction to the respondents to pay the gratuity amount to the petitioner which has not been to her as yet, although the gratuity money could have been paid to the 2 petitioner immediately after her retirement from the service. (v) For direction to the respondents to pay the leave-salary payable to the petitioner in accordance with law, which has neither been calculated nor it has been paid to the petitioner as yet.” The respondents have filed their counter affidavit a copy whereof has already been served on the counsel for the petitioner on 17.11.2006. In the said counter affidavit, the respondents have taken the following stand:- “7. That in a similar case, the matter was discussed at Govt. level and it was decided in principle to calculate the services of the supervisors for pension and other retiral benefits prior to the year of reinstatement in 1993. Accordingly a proposal has been forwarded by the department after approval of the Hon’ble Minister to the Personnel Department for opinion prior to the approval of the State Cabinet. As soon as the matter is approved by the State Cabinet, the grievance of the petitioner alongwith other supervisors would be removed. 8. That the claim of the petitioner for unpaid salary for the period 3 16.03.98 to 7.05.98 is concerned, a general order has been issued by the Department for payment of such unpaid salary. 9. That as the claim of the petitioner has been accepted by the Department in principle and within six months all grievance of the petitioner would be removed, so the Hon’ble High Court may be prayed to dismiss the writ petition.” Thus, from the stand of the respondents, it appears that the claim of the petitioner for payment of his retirement benefit as admissible and payable in law was under active consideration of the respondents. Since the aforementioned counter affidavit was filed in November, 2006, it is hoped that by this period, the Government must have taken conscious decision which has to be made applicable not only in the case of the petitioner but also the similarly situated other supervisors. That being so, this application is disposed of with a direction to the respondents to comply with their own undertaking as given in the aforesaid paragraph nos. 7, 8 & 9 of the counter affidavit. 4 With the aforementioned observations and directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)