IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13538 of 2007 MOTILAL SAHA S/o- Late Ram Prasad resident of village Diwan Mohalla Tarani P.s. Patna city District-Patna. Versus 1. THE STATE OF BIHAR 2. The Accountant General Bihar, Patna. 3. R.D.D.E. Patna Division, Patna. 4. District Superintendent of Education Rohtas --------- 4 16.04.2010 Heard Mr. Pratap Sharma, learned counsel for the petitioner and Mr. Amrendra Kumar learned A.C. to G.P.11 for the State and Mr. S.M. Ehtesam learned counsel for the Accountant General. The petitioner filed this writ petition for non payment of differential salary with effect from 1.4.1997 to 31.3.2005 by reason of the pay revision that was implemented in the State with effect from 1.1.1996 with actual payment from 1.4.1997. Learned counsel for the petitioner submits that though the pay was revised but the differential salary amount for the period aforesaid was not paid to the petitioner. The petitioner complains regarding non payment of salary for the period April, 2006 to April, 2007. The petitioner superannuated from the post of Clerk with effect from 31.7.2007 posted - 2 - under the District Superintendent of Education, Rohtas. A counter affidavit has been filed on behalf of the State today and in which it is stated that the necessary orders for payment of the salary for the April, 2006 to April, 2007 has since been issued with direction to the Treasury Officer concerned to make payment thereof. He thus submits that now the payment would be made by the Treasury Officer without any further delay. Learned counsel for the petitioner submits that there is no response by the respondents as regarding the claim of the petitioner for the difference of salary for the period 1.4.1997 to 31.3.2005, consequent upon the pay revision. Having regard to the submission of learned counsel for the petitioner and the State and upon perusal of the statement made in the counter affidavit, the writ petition is disposed of with a direction to the District Superintendent of Education, Rohtas to examine the claim of the petitioner for the payment of differential salary consequent upon the pay - 3 - revision w.e.f. 1.4.1997 to 31.3.2005 and if the said claim of the petitioner is found admissible and has not been paid to him, the same should be paid to him within a period of three months from the date of receipt/production of a copy of this order. Needless to add that the salary for the period April, 2006 to April,2007 which has since been authorized should also be paid to the petitioner within this period, if not already paid. The writ petition is disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J.)