IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4346 of 2009 1. SUNIL PRASAD S/O LATE AWADH BIHARI LAL R/O MOH- R.BLOCK, ROAD NO. 5, Q.NO.2, P.O. G.P.O., P.S. SACHIWALAYA, DISTT. PATNA, PRESENTLY POSTED AS ACCOUNTS OFFICER, PATNA MUNICIPAL CORPORATION, BUDHA MARG, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. THE PATNA MUNICIPAL CORPORATION PATNA ----------- 4/ 09/03/2011 Heard learned counsel for the petitioner and learned counsel for the State. The order on the writ petition notices that the petitioner was granted a pay-scale of Rs.2200-4000 and was placed in the replacement scale of Rs.8000- 13,500. The Standing Committee of the Corporation reduced the pay-scale to Rs.4500-7000. In C.W.J.C. No.6792/05 the petitioner was directed to represent. He was held entitled to the pay-scale of Rs.6,500 to 10,500 which again came to be cancelled by an ex parte order on 11.9.2008 leading to the writ application from which the contempt proceedings arise. A show cause has been filed on behalf of the Corporation. Paragraph-4 of the same states that the pay-scale of the petitioner has been fixed as Rs.7,900/- from 1.1.1996 and Rs.10,500 from 21.12.2000 and orders passed on 1.8.2011 for payment with effect from 1.4.1997 payable after 1.11.2004, as paid to others. The Court finds it difficult to deal with the 2 submission of the petitioner that he was entitled to the scale of Rs.8000-13,500 from the very inception in view of the nature of controversy noticed in the writ petition with regard to a scale of Rs.6,500 to 10,500 reduced unilaterally. If the petitioner has any grievance with regard to the fixation of pay-scale, his remedy lies in a fresh writ application only. In view of the statement made on oath in the contempt proceeding by Shri Nirmal Chandra Jha, Additional Municipal Commissioner, Patna Municipal Corporation, the Court has no occasion to doubt his bona fides with regard to the statement made in the contempt proceedings. Should it turn out to be otherwise, the consequences may be very serious for the deponent himself. Let the order be complied in the manner indicated in the Corporation’s order dated 8.1.2011 within a maximum period of eight weeks from the date of receipt/production of a copy of this order in like manner as may have been done with regard to others. The application stands disposed. KC ( Navin Sinha, J.)