IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11208 of 2004 1. Muneshwar Pd. Shrivastava son of late Kapil Prasad, resident of mohalla- Gola Bandh Road, Rajendra Marg, Police Station Town, Dist. Muzaffarpur. ----Petitioner. Versus 1 The State Of Bihar 2 The Commissioner, Finance Department, Govt of Bihar, Patna. 3 The Secretary, Urban Development Department, Govt. of Bihar, Patna. 4 The Chairman, Finance ( Bureau of Public Enterprises) Department, Bihar, Patna. 5 The Deputy Director, Finance ( Bureau of Public Enterprises) Department, Bihar, Patna. 6 The Vice Chairman, Muzaffarpur Regional Development Authority, Muzaffarpur. 7 The Secretary, Muzaffarpur, Regional Development Authority, Muzaffarpur. 8 Commissioner, Muzaffarpur, Municipal Corporation , Muzaffarpur --Respondents. ---------------------------------- 07 01.12..2011 Heard Mr. Pramod Kumar, learned counsel for the petitioner, Mr. Gyan Prakash Ojha, learned counsel for the Respondent- Muzaffapur Regional Development Authority and Mr. Ajit Kumar learned AC to Advocate General for the State. Petitioner, who is a retired employee of the Muzaffapur Regional Development authority now converted and known as Muzaffarpur Municipal Corporation, seeks a direction upon the respondents to pay him the salary of the promoted scale of Rs. 1800-3330/- and the replacement scale thereof w.e.f. 08.03.1997 till the date of his retirement w.e.f. 31.12.2003. Background facts are as follows:- Petitioner while serving the erstwhile Muzaffarpur Regional Development Authority ( for short „Authority‟) was considered and promoted on the post of Office Superintendent by an 2 order dated 28.05.1998 as contained in Annexure-3 issued under the hand and seal of the Vice President of the authority. On perusal thereof, it appears the promotion was made effective w.e.f. 18.03.1998. Subsequently, his pay was also fixed in the scale of Rs. 18,00- 3330/- (Annexure-4). There is no dispute that the petitioner thereafter continued to discharge the duties of the post of Office Superintendent till his superannuation w.e.f. 31.12.2003. The payment of the promoted post could not be made available to him on the ground that the promotion made by the authority was required to be approved by the Public Enterprises Bureau. A counter affidavit has been filed on behalf of the respondent-State and its official paragraph nos.5, 6 and 7 thereof read as under :- “5. That it is submitted that the petitioner was appointed by Muzaffarpur Improvement Trust which later on merged into Muzaffarpur Regional Development Authority who, as said by the petitioner, promoted the petitioner to the post of Office Superintendent and sought concurrence from the Deputy Director, Finance ( Bureau of Public Enterprises) who did not concur the order of the promotion. Hence promoted pay scale was not given to the petitioner. 6. That it is stated that the responsibility to pay salary and other allowances to its employees lies to the concerned Municipalities. 7. That it is further stated that as far as the replacement scale 6500-10,500 is concerned, the State Government has not approved the implementation of 5th pay revision committee report for urban local bodies in the State. Thus, it is clear, that the corporation is the competent authority to take suitable action on the representation of the petitioner, keeping in mind the rules/circulars and decisions of the State Government.” Mr. Ajit Kumar, learned counsel, submits that so far as 3 the replacement scale to be granted to the employees of the urban local bodies like the authority now converted into Corporation in question the same has to be approved by the administrative department of the Government. There is no dispute or controversy that petitioner discharged duties of the higher post under the orders passed by the respondent nos. 7 and 8. Mr. Ojha, learned counsel for respondent nos. 7 & 8 informs the Court that petitioner was paid special allowance for officiating on the promoted post. He further submits that the matter is currently pending with the administrative Department for granting approval to the orders passed way back in 1998(Annexure-3) . It is contended that no sooner the approval is granted the petitioner shall be paid his lawful dues treating him to be in the scale of pay of Rs. 1800- 3330/-. Having heard the parties and on perusal of the materials on record, it appears that the stand of the Corporation is clear that they have considered the case of the petitioner and having found him suitable promoted him to the post of Office Superintendent under orders contained in Annexure-3. The payment in the scale of pay admissible to the post could not be made available to the petitioner on the ground that the matter was earlier referred to the Public Enterprises Bureau where it remained pending and ultimately a stand has been taken in this Court that the administrative Department has to give approval to the replacement scale of pay admissible to the petitioner. There is also no dispute that the matter is currently resting with respondent no.3. In my view, the present 4 application is fit to be disposed of by the following order:- Let respondent Secretary of the Urban Development Department take a final decision in the matter within two month from the date of receipt/ production of a copy of this order and communicate the same to the respondent Muzaffapur Municipal Corporation. If no decision, in this regard, is taken within the aforesaid time this Court directs the respondent Muzaffapur Municipal Corporation to pay the petitioner in the scale of pay admissible to the post of Office Superintendent including its replacement scale, if any, within two months thereafter treating the order granting promotion duly approved by the appropriate authority. Sym ( Kishore K. Mandal, J.)