IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12649 of 2009 DINESH KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 06-10-2009 Heard the learned counsel for the petitioner and the State. The petitioner was appointed as Laboratory Attendant in the pay scale of Rs.480-680 in the Indian College of Engineering, Motihari by the then Managing Committee. By Bihar Ordinance No.37/86, the private college amongst others was taken over and the petitioner adjusted on adhoc basis in the Pay Scale of Rs.480-680. He was then removed as surplus. He came to this Court in C.W.J.C.No.1516 of 1991 which set aside his removal. It was questioned by the respondents in L.P.A. No.660 of 1996 and in S.L.P. ( Civil) 1180 of 1991 which were also dismissed. The respondents then reinstated him in service on 19.7.1997. The grievance of the petitioner is that in pursuance of this reinstatement by wrong adjustment of his pay scale, he is being denied the benefit of revised pay scale in pursuance of the 4th pay revision. It is submitted that he is entitled to his pay scale as held on the date of his removal, reinstated on 19.7.1997 and consequent the 4th revised pay scale applicable, for which he had filed representations. The writ application is disposed off with a liberty to the petitioner to file fresh representation whereafter the concerned respondent is directed to take a decision by reasoned and speaking - 2 - order with regard to the pay scale , to which the petitioner is entitled. The Court expects that after the eligibility and entitlement of the petitioner is ascertained by the respondents, the legitimate dues, if any , shall be paid to him and he shall not be compelled to have approached this Court again by way of this writ application. Let such decision be taken within a maximum period of three months from the date of receipt/production of a copy of this order. NKS/- ( Navin Sinha,J)