IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2966 of 2006 AHMAD HUSSAIN, AGED ABOUT 59 YEARS, SON OF LATE HAFIZUDDIN, RESIDENT OF MOHALLA-DUDHKATORA, P.S.- ARA TOWN, DISTRICT-BHOJPUR. ………………PETITIONER. Versus 1. STATE OF BIHAR. 2. S. JALJA, SECRETARY, NAGAR VIKASH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. LAXMAN CHAURASIA, THE CHAIRMAN, NAGAR PARISHAD, ARA. 4. ASHOK KUMAR SINGH, MUNICIPAL COMMISSIONER, NAGAR PARISHAD, ARA. ………………OPPOSITE PARTIES. ----------- 6 09.02.2009 A show cause has been filed in the case on behalf of the opposite parties. In the show cause it is stated that the dues of the petitioner in respect of Leave Encashment, Gratuity and arrears of pension have been paid to him. However, it is admitted that the arrears of differences of salary of the petitioner on account of revision of pay of the petitioner as per 5th Pay Revision Committee report, accepted by the Government, has not been paid to him. It is also not disputed that the petitioner’s case has not yet been considered for time bound promotion and ACP. It is submitted by learned counsel for the Municipal Corporation that due to constraint of funds the Corporation has not 2 been able to meet this liability of the petitioner. With regard to meeting the liability of the petitioner towards his arrears of differences of salary on account of 5th pay revision, this Court directs that in case within two months said liability is not met and the arrears of differences of salary of the petitioner is not paid, the Municipal Commissioner shall not draw his salary from the month of April, 2009 onwards and all the amount of his salary shall be paid to the petitioner towards his said liability till the liability is cleared. The question of payment of the dues of the petitioner with regard to time bound promotion and ACP will arise only after the case of the petitioner for the same is considered and orders are passed. Considerations of his case on these two counts by the authorities do not depend on availability of fund with the Corporation. Therefore, the Chief Executive Officer of Municipal Corporation who is the deponent of the show cause is directed to consider the 3 case of the petitioner for grant of time bound promotion and ACP in accordance with law within two months from today. In case no orders are passed by the Municipal Commissioner in this regard, it will be deemed that the petitioner is entitled for such time bound promotion and ACP from the dates claimed by him and accordingly he will be entitled for all consequential benefits in the matter which shall be paid to him immediately on the expiry of the said two months. With the above observations and directions, this contempt application is disposed of. Let a copy of this order be handed over to learned counsel for the Municipal Corporation. Arvind/ ( J. N. Singh , J. )