IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.878 of 2006 RAMKESHWAR PRASAD, son of late Shiwan Prasad, village – Manghiawan, P.O. Paraiya, P.S. Paraiya, District – Gaya (Bihar) Versus 1. THE STATE OF BIHAR through the Secretary, Art, Culture and Youth Department, Vikash Bhawan, Patna. 2. Secretary, Art, Culture and Youth Department, Vikash Bhawan, Patna. 3. The Commissioner, Finance Department, Govt. of Bihar, Old Secretariat, Patna. 4. Director (Youth Welfare), Art, Culture and Youth Department, Vikash Bhawan, Patna. 5. The Accountant General, Bihar/Jharkhand. 6. District Education Officer, Dhanbad. 7. The Secretary, Finance, Govt. Of Bihar. ----------- 04. 6.8.2010 I.A. No. 5906 of 2009 has been filed for substitution of the legal heir of the petitioner since he has died in the meanwhile. Let the legal heir indicated in para-2 be substituted in place of the petitioner. I.A. No. 5906 of 2009 stands allowed. In this matter the dispute raised by the erstwhile petitioner was with regard to the reduction of pay-scale which was earlier given to him by the respondents specially the Department of Art, Culture and Youth, Government of Bihar. There has been a long drawn battle with regard to the pay-scale and entitlement thereto of similarly situated employees and now a notification No. 1348 dated 2.12.2009 issued by the Joint Secretary of the department has been brought to the notice of this Court. The authorities have finally turned around and accepted that the husband of the petitioner is entitled to the pay-scale notified in the said notification. Since the notification settles the issue, no adjudication of 2 the dispute is required except for a direction that the respondents would now be obliged to make payment of salary based on the said pay-scale where payment has not been made or refund of the amounts if deduction had been effected by virtue of the earlier orders passed in this regard when the pay-scale was reduced. Since the erstwhile petitioner would be entitled to certain consequence flowing from the new pay-scale notified, it goes without saying that it will accrue to him. The writ application stands disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J.)