IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4013 of 2008 CHANDRA KISHORE PRASAD, SON OF RAMNATH PRASAD, RESIDENT OF VILLAGE BHRAWALIYA, P.O. SARISAWA, P.S. MAJHOULIYA, DISTRICT WEST CHAMPARAN, AT PRESENT POSTED AS REVENUE CLERK, CIRCLE OFFICE, BAGHA, DISTRICT WEST CHAMPARAN. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. COLLECTOR, WEST CHAMPARAN, BETIYA. 3. DEPUTY SECRETARY, FINANCE DEPARTMENT, BIHAR, PATNA. 4. CIRCLE OFFICER, BAGAHA-II, DISTRICT WEST CHAMPARAN. 5. JOINT SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, BIHAR, PATNA. ---- RESPONDENTS. ----------- 2 15.4.2011 The petitioner is the Revenue Clerk working in West Champaran. He was appointed on 18.9.1976. By Annexure-2, the District Magistrate, West Champaran, Bettiah in compliance with the order of the Finance Department fixed the pay of the petitioner vide his letter no. 324 issued on 17.8.1998. In the said letter the petitioner’s pay was fixed as Rs. 1288/- whereas the pay of Sri Veer Bahadur Rai who is junior to the petitioner was fixed as Rs. 1355/-. The petitioner at once filed a representation before the District Magistrate. In pursuance of the representation filed by the petitioner, the District Magistrate wrote a letter to the Finance Department for refixation of the petitioner’s pay scale. The Finance Department responded by sending 2 a letter dated 1.11.2003 stating that certain details were required. The said details was sent by the District Magistrate to the Finance Department vide Annexure-4 series. Since then the matter is pending before the Finance Department. In the facts of the present case, it is surprising that the District Magistrate, West Champaran, Bettiah could have fixed the scale of the petitioner as Rs. 1288/- and the scale of a person junior to the petitioner as Rs. 1355/-. Having done so the District Magistrate, West Champaran, Bettiah ought to have sent a detailed proposal to the Finance Department. In any event, after much delay and correspondence between the District Magistrate and the Finance Department, it appears that till today no decision has been taken although the grievances of the petitioner were raised departmentally as far back as in the year 1998. I accordingly, direct that the respondent no. 3 should ensure that the pay scale of the petitioner is fixed in accordance with law taking into account the 3 fact that a person junior to the petitioner has been given a higher pay scale of Rs. 1355/- whereas the petitioner’s pay has been fixed as Rs. 1288/-. The petitioner would be entitled to the replacement scale etc. in case his scale is upgraded. The petitioner may annex the copies of Annexures 2, 3 and 4 series, the fixation of pay by the District Magistrate, West Champaran, Bettiah and the letters of the Finance Department along with letter no. 324 dated 17.8.1998 along with his representation and copy of the order, to be filed before respondent no. 3 within a month of receipt of this order. Respondent no. 3 is directed to dispose of the matter and refix the petitioner’s pay in accordance with law within a period of three months from the date of receipt of a copy of this order along with the representation. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)