IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1054 of 2008 TRIBHUWAN PRASAD S/O LATE GOPI KRISHNA PRASAD ( RETIRED HEADMASTER OF T.P. UCHH VIDYALAY, BIHTA DIST. PATNA AT PRESENT C.D.A. COLONY, SHASTRI NAGAR, P.O.& P.S. SHASTRI NAGAR, PATNA-23. ---- PETITIONER Versus THE STATE OF BIHAR & ORS --- RESPONDENTS. ----------- 7 24.02.2010 Heard both sides. Learned counsel for the petitioner presses the restoration application. His writ application being C.W.J.C.No. 14788 of 2005 ( Tribhuvan Prasad Versus The State of Bihar & Ors.), was disposed of by order dated 05.09.2007. Relevant portion of the said order reads thus: “Counsel for the State has filed a counter affidavit mentioning therein that the grievance(s) of the petitioner have already been redressed. In para 11 of the counter affidavit it has been stated that full and final pension and full gratuity has been sanctioned in his favour and also a copy whereof has been sent to the petitioner.” It is submitted that although the petitioner has been paid the post retrial dues but not in the appropriate scale. It appears that the petitioner is raising a grievance with regard to the fixation of his scale of pay. Learned counsel for the petitioner fairly states that this Court should grant him liberty to file a fresh application seeking the aforesaid relief(s). The stand of the petitioner appears to be just and fair. The present application seeking restoration of C.W.J.C.No. 14788 of 2005, is, accordingly 2 not pressed. It is made clear that the disposal of C.W.J.C. No. 14788 of 2005 shall not come in the way of petitioner in approaching this Court for fixation of scale of pay and consequential relief(s). The application is, accordingly, stands disposed of. Sym ( Kishore K. Mandal, J.)