IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.404 of 2006 CHINTA DEVI Versus UDHAWA PANDEY & ORS ----------- For the petitioner : Mr. Dharmendra Kr. Singh For the Opp. Parties: Mr. Rabindra Kr. Priyadarshi --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 9th July, 2008 The counsel for the parties are ad idem that the retiral dues have been paid at the old pay scale. The petitioner claims that retiral dues ought to have been paid at the revised pay scale and having not done that, the respondents have violated the order dated 16.1.2004. 2. Firstly, the order dated 16.1.2004 does not show that retiral dues would be paid at the revised pay scale. Secondly, the counsel for the Corporation submits that until the State government releases the funds to the Corporation for payment at the revised pay scale, the Corporation is not in a financial position to pay retiral benefits at the revised pay scale. There is, thus, bonafide reason for not paying the retiral dues at the revised pay scale. 2 3. No case for contempt jurisdiction is made out. 4. MJC is , accordingly, disposed of. However, it is made clear that as and when the State government releases the funds to the Corporation to make payment at the revised pay scale, the retiral benefits of the deceased employee shall be re- calculated and differential shall be paid to the petitioner. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/