IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3840 of 2005 YOGENDRA PRASAD RAI, son of late Prithvi Chandra Rai, resident of Mohalla Admpur Chowk, P.S. Adampur, District Bhagalpur . Versus 1. THE STATE OF BIHAR 2. Director, Secondary Education, Government of Bihar, Patna. 3. Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur. 4. District Superintendent of Education, Bhagalpur. 5. Accountant General of Bihar, Patna. ----------- 3 12.01.2010 Heard Mr. Rajesh Prasad Choudhary learned counsel appearing on behalf of the petitioner, Mr. Rakesh Ambastha learned A.C. to A.A.G. 5 for the State and Mr. L.P.K. Rajgrihar learned counsel appearing on behalf of the Accountant General. The petitioner who retired from the post of Head Assistant with effect from 31.1.2002 from the service of the respondents had filed the writ petition for payment of his retiral and other dues. Learned counsel appearing on behalf of the petitioner submits that the entire retiral and other dues admissible to the petitioner has been paid to him save and except the difference of salary by reason of enhanced scale payable to the petitioner with effect from 1.7.1998 to 2 31.1.2002 i.e. date of retirement pursuant to the office order contained in memo No. 734 dated 13.10.2004 Annexure-3 whereby the employees of the Education Department had been granted the benefits of the revised pay scale and so far as the petitioner is concerned the pay scale was revised with effect from 1.7.1998. It is thus submitted that the petitioner is entitled to the benefit of the difference of salary arising by reason of the revised pay scale with effect from 1.7.1998 until the date of his retirement i.e. 31.1.2002. It is submitted that in fact the respondents have themselves implemented the said revised pay scale and calculated and paid his entire retiral benefits on the basis of the said revised scale of pay but for the reason best known they have failed to pay the difference of the salary for the said period. In the circumstances, this writ petition is disposed of with a direction to the respondent No.4 the District Superintendent of Education, Bhagalpur to make payment of the difference of salary accruing to the petitioner by reason of the order dated 13.10.2004 (Annexure-3) for the period 1.7.1998 to 3 31.1.2002 within a period of three months from the date of receipt/production of a copy of this order. The writ petition is disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J. )