IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13115 of 2005 TUNTUN Versus THE PATNA MUNICIPAL CORPORATION ----------- 04. 24.07.2008 Petitioner is claiming payment of difference of pay due to revision in the pay scale from 1.1.1996. He also wants revision and re- fixation of his pension in terms of the above. In the counter affidavit which has been filed on behalf of the respondent Patna Nagar Nigam it is stated that the petitioner has been paid his salary as well as pension in terms of the earlier pay scale. Since no employee of the Corporation is being paid the difference of revised pay scale from 1.1.1996 as well as the pension based on the said pay scale, therefore, the petitioner’s claim cannot be dealt with in isolation. The reason for non-payment is absence of resources as well as appropriate release of fund from the State Government. If this is the contention of the Corporation with regard to all the employees it will not be proper for this Court to pass any order only in favour of the petitioner. But, in so far as pension and other dues is concerned, though statement has been made in the counter affidavit filed on behalf of the respondent Corporation that the petitioner has been paid his retrial dues and pension in terms of the old pay scale, counsel for the petitioner seriously disputed this. It is clarified that petitioner accepts that the retrial due has been paid but the pension has not yet been released in his favour. If it is so, respondents are directed to take steps within a period of three months to put the pension paper in order so that the petitioner starts - 2 - getting his pension if it has not been done so far. Petitioner will have a right to claim difference of pay when it is released to other employees. The writ application is disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)