IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9537 of 2006 PRABHU MISTRI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : M/S Sharda Nand Mishra and Deepak Kumar. For the respondent Zila Parishad : Mr Ramashish. For the State : Md. Fazal Rahman, GP 6 and Mr. Anisur Rahman, JC to GP 6. ------- 03. 22.08.2008 Petitioner is a retired employee of Gaya Zila Parishad. He wants a direction upon the respondents to make payment of difference of salary in revised pay- scale with effect from 1.1.1996 based on 5th Pay Revision Committee’s recommendation. Respondents do not deny the claim of the petitioner under this head. But they have categorically stated that the benefit of revised pay-scale has not been paid to any employee so far because of lack of adequate fund under this head. They categorically assert that the day resources permitted them to extend the benefit to the employees of Zila Parishad, petitioner shall also get the claim under the said head. So far as retrial due is concerned they have already settled the accounts on the basis of the 4th Pay Revision Committee which is no where in dispute. Keeping the totality of the situation and also the fact that no employee has been paid difference of pay so far, the Court is not inclined to issue a direction upon - 2 - the respondents in isolation but it is hoped and expected that since it is an old issue which is agitating the employees of the respondents, effort should be made in this regard to meet the obligation of all the employees including the present petitioner. The writ application stands disposed of with the above observation. rkp (Ajay Kumar Tripathi, J)