IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.920 of 2004 ARJUN PRASAD SINHA Versus STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Basant Kumar Tripathi For the Respondents 2 & 3 : Mr. V. N. P. Sinha, Special P.P. ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 24th July, 2008. We heard counsel for the parties. 2. Pursuant to the order passed by this Court on 24th November, 2003, an order has been issued by the Mines Commissioner-cum-Secretary on 29th July, 2006, inter alia, which holds that the petitioner is entitled to the following financial benefits: “(i) The pay of the petitioner shall be fixed w.e.f. 1.1.96 in the scale of 5500-175-9000 which is the revised scale of the Office Superintendent. (ii) The petitioner would not get the actual pay and allowances so fixed as per (i) above also, because (the new pay scales have been made effective after pay revision) w.e.f. 1.4.97. (iii) The pay at the retirement shall be fixed and all retirement benefits including gratuity, leave- encashment and monthly pension with effect from the month of 1.3.1997 shall be revised, following the pay/pension revision order issued on the recommendations of last Fitment Committee.” 3. We are informed that almost two years have passed since then and still financial benefits have not been paid. 4. Government counsel does not dispute that at the time - 2 - of retirement of the petitioner, Jharkhand State was not even born. In other words, the Government counsel does not dispute that at the time of retirement the petitioner was an employee of the Government of Bihar. Merely because, the petitioner at the time of retirement was posted at Bokaro, there cannot be any justification in delay in giving the financial benefits due to the petitioner by directing the Accountant General, Jharkhand to give payment to the petitioner. This is nothing but passing on buck by the Mines Commissioner-cum-Secretary to the Accountant General, Jharkhand and depriving the petitioner of his legitimate claims unjustifiably. 5. We, now, direct that the Mines Commissioner-cum- Secretary, Government of Bihar, shall ensure that within one month from the date of receipt of this order, the financial benefits, as per the office order dated 29th July, 2006, shall be paid to the petitioner. For any default in this regard, the Mines Commissioner-cum-Secretary may expose himself to the contempt jurisdiction of this Court. 6. With the aforesaid direction, this M.J.C. stands disposed of. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-