IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1602 of 2010 1. MADHURI MISHRA W/O LATE GUNESH CHANDRA MISHRA R/O MOHALLA- MAHADDIPUR, P.S.- KASIM BAZAR, P.O.- MUNGER, DISTT.- MUNGER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. DEPUTY SECRETARY, FINANCE DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE COMMISSIONER MUNGER COMMISSIONARY, MUNGER 4. THE DISTRICT MAGISTRATE MUNGER, DISTT.- MUNGER 5. DEPUTY COLLECTOR, ESTABLISHMENT SECTION MUNGER COLLECTORIATE, MUNGER, DISTT.- MUNGER 6. THE ACCOUNTANT GENERAL BIHAR, BIRCHAND PATEL PATH, PATNA ----------- 3. 06.09.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. Despite institution of the writ application in January 2010 after serving an additional copy in the office of the Advocate General to expedite the filing of a counter affidavit no counter affidavit has been filed. On 29.7.2010 additional time had also been granted to file counter affidavit. The petitioner is the widow of Late Gunesh Chandra Mishra who it is stated was promoted to the post of Head Clerk in the scale of Rs. 5000-8000/- and his pay was fixed at Rs. 7100/- with effect from 31.12.1995. It is stated to have been unilaterally reduced on 26.6.2001 to Rs. 4000/-. No show cause notice had been issued to Sri Mishra before reduction of the scale. He represented against the same on 21.12.2001. While the matters remained pending he superannuated on 30.4.2002 from the post of Head Clerk (Record Keeper) District Records Room, Munger. The Pension Payment Order was issued in the scale of Rs. 4000/- aggrieved by which earlier CWJC No. 1667 of 2004 was preferred which is stated to have been disposed off on 9.2.2004 in terms of certain general directions. Sri Mishra was deceased on 30.9.2004. Unfortunately the petitioner has not chosen to bring on record copy of the order passed in CWJC No. 1667 of 2004. This Court therefore does not have the benefit of understanding and appreciating what nature and kind of orders had been passed. It appears from Annexure 4 dated 21.12.2001 that the deceased employee in his life time had questioned the reduction of his pay scale. It is the contention of the petitioner that the representation remained undecided. This application is disposed with a direction to the District Magistrate to consider the grievance of the petitioner with regard to reduction of pay scale of her deceased husband. The District Magistrate is obliged to furnish materials to her on basis of which the reduction had been ordered. If the petitioner desires to be heard personally or through a representative on the issue of reduction of the pay scale the District Magistrate shall grant personal/representative hearing and then pass a final reasoned and speaking order within a maximum period of six weeks from the date of receipt and/or presentation of a copy of this order before him. It is expected that if the District Magistrate finds justification in the claim of the petitioner, or any part of the claim, necessary consequential orders shall be issued within the like period. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)