IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11269 of 2005 RAMADHAR SINGH Versus THE STATE OF BIHAR & ORS -------- 3. 5.5.2010. Heard Mr. Murari Prasad Sinha, learned counsel for the petitioner, Mr. Girijesh Kumar, learned Assisting counsel to AAG-10 for the State and Mr. Sanjeev Kumar representing the Accountant General are present. The petitioner had superannuated from the post of Subdivisional Audit Officer, Co- operative Societies, Patna with effect from 31.5.2004. Upon being aggrieved by the action of the authorities in not making payment of his post retiral dues, the present writ petition came to be filed. A part of the payment of retiral dues of the petitioner was made during the pendency of the proceedings. A rejoinder to the counter affidavit was filed on behalf on his behalf on 13.11.2007. It was contended that yet the grievance of the petitioner regarding the commutation of pension and fixation of pension on the basis of the revised pay scale as also the consequential benefits arising there from in the form of arrears of pension, arrears of 2 gratuity and arrears leave encashment were yet to be redressed at the hands of the respondents. It was also contended that although the GPF amount was received but the interest had only been calculated until October, 2004. A similar grievance was raised regarding the payment of the interest amount on Group Insurance. During the pendency of the proceedings, a pay revision order has been issued bearing memo ono.2646 dated 25.5.2007 which has been brought on record by way of Annexure-8 to the supplementary affidavit passed by the Registrar, Co-operative Societies revising the pay scale of the petitioner under resolution no.660 dated 8.2.1999 with effect from 1.1.1996. Learned counsel for the petitioner, with reference to the statement made in para-4 of the order dated 25.5.2007, submits that having provided with the revision of pay scale with effect from 1.1.1996, it was wholly arbitrary on the part of the respondent Registrar to order for the payment of the revised salary with effect from 1.1.2006 when the petitioner already stood retired with effect from 31.5.2004. Under the resolution dated 8.2.1999 though the notional benefits of the pay revision 3 was given with effect from 1.1.1996 but the actual payments were to be made with effect from 1.4.1997. As the petitioner has admittedly been provided with the revision of the pay scale under the order on 25.5.2007 (Annexure-B) the only natural consequence would be that he would also be entitled for payment of the differential amount of the salary, upon such revision, with effect from 1.4.1997 until his date of retirement i.e. 31.5.2004. The petitioner is also entitled to the refixation of his pension and other pensionary entitlements on the basis of the revised salary and payment of the differential arrears thereof Having regards to the indisputable position aforesaid, the concerned respondents are directed to refix the salary of the petitioner taking into consideration Annexure-8 and also refix the pension and other pensionary entitlements of the petitioner and after recalculation thereof and seeking authorisation from the Accountant General, ensure payment thereof together with the arrears. The said admissible benefits should be provided to the petitioner within a period of three months from the date of receipt/production 4 of a copy of this order. In case the authorities concerned decide to withhold any part of the aforesaid benefits, the same should be carried out by a speaking reasoned order. The writ petition stands disposed of with the directions aforesaid. ahk (Jyoti Saran, J.)