IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14278 of 2002 YADUNANDAN PRASAD son of late Bhatu Pandit, resident of village Chandaut , Hilsa, District- Nalanda… Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Department of Health Government of Bihar, Patna. 3. The Health Commissioner, Bihar, Patna. 4. The Director, Health Services, Bihar, Patna. 5. The Civil Surgeon-cum-Chief Medical Officer, Nalanda. … Respondents. 3. 01.07.2010 No one appears for the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ petition reading as follows:- “1. That by this writ application the petitioner prays for issuance of writ in the nature of Mandamus, directing the respondent to give pay scale of Rs.1400- 2600 w.e.f July 1992 and the same should be reimbursed to the petitioner on revised scale of VI pay Revision Committee.” has in fact been answered by the respondent in paragraph 4 to 7 of the counter- affidavit wherein it has been stated as follows:- “4. That it is submitted that the petitioner was working on the post of Basic Health worker in the Primary Health Centre Chandi of Nalanda District. He had voluntarily retired from service on 31.10.02 5. That it is further submitted that the at the time of retirement he was receiving the pay scale of 3050-4590 as sanctioned by the department of finance, Government of Bihar, Patna vide resolution no. 660 (F2) dated 2 8.2.1999 from 1.1.96 Prior to 1.1.96. he was in the basic pay scale of 975-1540 as determined vide finance department resolution no. 6021 (F2) 18.12.1989 vide same resolution Auxiliary Health Workers were given the pay scale of 1400-2600. 6. That it is further submitted that the Hon’ble Court in CWJC No. 6096/92 (Bihar State Basic Health Worker Sangh and Others vs. the State of Bihar & Ors.) has directed the respondents to give basic Health workers the same pay scale as that of Auxiliary Health Worker. The State of Bihar has not issued any direction in pursuance of the Hon’ble Court said direction as yet. 7. That it is submitted that as soon as the decision/direction is communicated to the respondent no. 5 in the light of Hon’ble Court order passed in CWJC No. 6096 of 1992 from the State Government the petitioner will be considered accordingly. “ In view of the above, the respondents are themselves expected to take an early decision inasmuch as the counter affidavit was sworn on 22.1.2003 This court therefore without expressing any opinion on the prayer of the petitioner would only leave the matter to be decided by the authorities in terms of stand taken in the counter affidavit. Accordingly, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.) 3