IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.152 of 2001 MOSTT. KAVITA DEVI & ANR Versus THE STATE OF BIHAR & ORS ----------- 6. 21.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The writ application was filed in January 2001 after serving two copies on the Counsel for the State, the second one for expeditious filing of the counter affidavit. The writ petition was listed in January 2001 and could be taken up thereafter only on 9.2.2004 when an application for substitution was filed that the petitioner died on 3.11.2003. Till that date no counter affidavit was filed. More than four years latter when this writ application was taken up on 8.5.2008 for the first time the State performed formality for asking for time to file counter affidavit which was granted. Notwithstanding the same till today no counter affidavit has been filed. It is an unfortunate state of affairs. The original petitioner came to this Court with a prayer to fix his replacement pay scale after grant of central pay scale at par with persons similarly situated who had been granted the same in April 1999 with effect from 1.1.1996. He also sought protection of his pay scale which to the contrary has been reduced while fixing his revised pay scale. In his life time he filed a representation on 28.4.2000. When it evoked no response he came to this Court. His having come to the Court equally has not borne fruit when the respondents have refused to respond. This Court has no option at this stage but to dispose off this writ application with directions to the respondent no. 2 to consider and decide the representation of the deceased petitioner within a maximum period of eight weeks from the date of receipt and/or production of a copy of this order. In the event that an order prejudicial now to the legal heirs of the deceased is proposed to be passed, respondent no. 2 shall be required to pass a reasoned and speaking order. In the event that there be substance in the claim of the deceased or a part of the claim of the deceased, necessary consequential monetary benefits shall have to be paid by respondents 1 and 2 to the legal heirs of the deceased within a maximum period of four months from the date of receipt and/or production of a copy of this order before respondent no. 2. In that event respondent no. 2 shall be required administratively to fix responsibility for the injustice that may have been caused to the deceased when appropriate departmental action shall be initiated against those concerned after fixation of such responsibility. Snkumar/- (Navin Sinha,J.)