IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2159 of 2009 DEWANTI DEVI WIFE OF LATE JAIRAM SINGH, RESIDENT OF VILLAGE BISHUNPURA, P.S.CHAPRA MUFASSIL, DISTRICT-SARAN AT CHAPRA……………………………………………………………..PETITIONER Versus 1. THE STATE OF BIHAR 2. DR. S.P.SINGH, FATHER NAME NOT KNOWN TO THE PETITIONER, DIRECTOR IN CHIEF, HEALTH SERVICES, VIKASH BHAWAN, PATNA. 3. DR. RAJESHWAR THAKUR, FATHER NAME NOT KNOWN TO PETITIONER, RDD HEALTH SERVICES, SARAN AT CHAPRA. 4. DR. SUBHASH SHARMA, FATHER NAME NOT KNOWN TO PETITIONER C.M.O-CUM-CIVIL SURGEON, CHAPRA UPTO JUNE 2009 AT PRESENT TRANSFERRED & POSTED AT SAMASTIPUR IN THE SAME CAPACITY. 5. DR. DHARMADEO SINGH, FATHER NAME NOT KNOWN TO PETITIONER PRESENT C.M.O-CUM-CIVIL SURGEON, CHAPRA POSTED IN JULY 2009. 6. DR. SURESH SHARMA, FATHER NAME NOT KNOWN TO PETITIONER I/C MEDICAL OFFICER, SADAR BLOCK CHAPRA 7. SRI PRAKASH SINGH, FATHER NAME NOT KNOWN TO PETITIONER, D.P.F OFFICER, CHAPRA …………………………………OPPOSITE PARTIES -------- 02/ 22-Sep-2010 Heard the parties. From the reply to show cause of O.P. No.6 it appears that the petitioner has a grievance that while paying the arrears of pay, calculation has been made on the basis of old rate and not revised pay under the Sixth Pay Revision Committee Report. Similar grievance has been raised in respect of calculation of retiral dues. In my view the order of the writ Court was only to grant the consequential benefits including the post retiral benefits to the widow and other heirs of the deceased employee the original writ petitioner. Since the writ Court had not gone into the issue of revised 2 pay or unrevised pay, the facts disclosed in the show cause showing payment of arrears and retiral dues amounts to substantial compliance of the order of the writ Court. Hence the contempt application is finally disposed of. Since the petitioner has some grievance regarding non-implementation of revised pay scale in respect of petitioner and calculation of arrears and retiral benefits on that basis, he is granted liberty to file a representation along with a copy of this order. If such representation is filed then the competent authority shall consider the same in accordance with law and pass an order within four months. In case the claim is accepted then the admitted dues shall be made available to the petitioner without any delay preferably within three months thereafter. In case, any of the claim is not accepted then reasons in brief shall be communicated to the petitioner who will be liberty to challenge such a decision through appropriate proceeding in accordance with law. Perwez/pn ( Shiva Kirti Singh, J.)