IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11999 of 2002 ABDUL HAMID S/O ABDUL WAHID, R/O VILLAGE- BABUBARHI PS- BABUBARHI, DISTT- MADHUBANI, RETIRED SANITARY INSPECTOR FROM BABUBARHI PRIMARY HEALTH CENTRE, DISTT- MADHUBANI------------------- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH & FAMILY WALFARE, PATNA 3. THE COMMISSIONER-CUM- SECDRETARY,DEPARTMENT OF FINANCE, PATNA 4. THE ACCOUNTANT GENERAL, BIHAR,PATNA 5. THE ASSISTANT ACCOUNTS OFFICER, BIHAR, PATNA 6. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, MADHUBANI 7. THE TREASURY OFFICER, MADHUBANI 8. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE BABUBARHI, DISTT- MADHUBANI-------- RESPONDENTS. ----------- 7 20.1.2009 Heard learned counsel for the parties. After retirement of petitioner from the post of Health Inspector on 31.1.2002 the Service Book of the petitioner was forwarded to the Accountant General for settlement of his retiral dues. At the time of superannuation the petitioner was drawing a pay scale of Rs. 6954/-. On perusal of the Service Book which has also been brought as annexure-1 to the writ application, the office of the Accountant General raised objection with regard to an entry/ endorsement made at page 3 of the Service Book wherein it is stated that the petitioner on having passed the examination for Health Inspector he is being granted pay scale of Rs. 100-2-112 EB- 130 with effect from 29.10.1964. The office of the Accountant General was of the view that the benefit of the pay scale of Health Inspector cannot be granted to the person from the date of passing of the examination but it has to be from the date of promotion. On the face of it, the objection raised does not seem to be misplaced. But for the fact it is the contention of the petitioner - 2 - that he was never given the pay scale of Health Inspector but was only drawing the pay scale of Health Worker all along till 1990 when he got substantive promotion on the post of Health Inspector. Contention of learned counsel for the petitioner is that the pay scale of Health Worker was Rs. 100-130/- which is as per the Resolution No. Pr.-G2/65-67/FII dated Patna the 10th March, 1965 Government of Bihar, Department of Finance. Petitioner submits that the pay scale of Health Worker or the Health Inspector was the same in the year, 1964 and the petitioner was never given the benefit of higher pay scale. In fact, the endorsement on page 3 of the Service Book may be because of the reason that there was distinction in the two pay scale on the two posts. Learned counsel for the petitioner has tried to assert this fact based on the service record of one Mr. Umesh Kumar Verma who was similarly situated. The State Government has not been in a position to rebut this position because the necessary material has not been produced before the Court with regard to pay scale as it was in existence in terms of the Finance Department resolution indicated above. Matter is being remanded back to the Principal Secretary, Department of Health and Family Welfare, Government of Bihar who shall get the above fact verified and communicate the outcome to the office of the Accountant General so that the - 3 - final pension of the petitioner could be settled at the earliest. The exercise in this regard should be completed within a period of three months from the date of communication/production of a copy of this order. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)