IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9763 of 2006 GOBARDHAN SINGH Versus THE STATE OF BIHAR & ORS. with CWJC No.6012 of 2007 RAMADHAR RAM Versus THE STATE OF BIHAR & ORS. with CWJC No.6029 of 2007 RAJENDRA PRASAD SAH Versus THE STATE OF BIHAR & ORS . ----------- 02/ 11.05.2010 Learned counsels for the parties are present. In all these writ petitions the grievance is for re- fixation of the salary as well as the retiral benefits in the light of the pay revision that was implemented in the State under resolution no. 3M-2-5-VE-PU-01/99-660 (F/2) dated 8.2.1999 on the basis of the Fitment Committee report. All the petitioners retired from the post of Water Rate Collector (Sangrahak) from the respondent-Irrigation Department. Although the scale of the said post was notionally revised to Rs. 3050-4590 under the Finance Department Resolution No. 660 dated 8.2.1999 w.e.f. 1.1.1996 but the actual payment was to be made with effect from 1.4.1997. It is contended that the consequential benefits arising therefrom has not been provided to the petitioners in the form of differential arrears of salary, re- fixation of pension and pensionary entitlements and payment of 2 differential amount(s) thereof. The petitioners having superannuated from their respective post have filed the writ petitions for re-fixation of the salary in the scale of pay of 3050- 4590 and for calculation of the arrears of salary on that basis as also for re-fixation of their pension and other pensionary entitlements and payments of the consequential benefits arising therefrom. Admittedly all the petitioners are drawing their retiral benefits in the pre-revised scale. The position is also not disputed by the respondents in the counter affidavit filed in C.W.J.C. Nos. 6012 of 2007 and 6029 of 2007. Mr. Girijesh Kumar, learned assisting counsel to A.A.G. 3 appearing in C.W.J.C. No. 9763 of 2006 also does not dispute the said position. A universal stand is taken regarding non- allotment of funds resulting in non-payment of the benefits. Learned counsel for the petitioners with reference to certain orders of this Court, submits that several writ petitions raising similar issues have been considered and disposed of by this Court, with direction to respondents to make payment of the admissible dues of the petitioners of the said writ petition(s). He made reference to the orders passed in C.W.J.C. No. 1107/2006 dated 6.8.2007, C.W.J.C. No. 3410/2006 dated 11.3.2008 and C.W.J.C. No. 5923/2008 and analogous cases dated 12.10.2009. It is contended by the learned counsel for the respondents that as the salary of the petitioners has already been fixed in the 3 revised scale, hence their grievance to that extent stands redressed. The non-payment of the consequential benefits arising by reason of the pay revision was attributed to non- allotment of funds. Having regard to the circumstances that the writ petitioners have retired as back as in the year 2003, I am of the opinion that they cannot be kept waiting for redressal of the grievance(s). The writ petitions are disposed of with a direction to the concerned respondents to calculate the differential arrears of salary to which the petitioners are found entitled for the period 1.4.1997 until the date of retirement and make payment thereof. The respondents would also re-fix the pension and the other pensionary entitlements to which these petitioners are found entitled and after seeking fresh authorization from the Accountant General take appropriate steps for making payment of the consequential benefits arising by reason of such re- fixation. It is expected that the Accountant General would accord authorization to the order sanctioning pension and gratuity within four weeks of receipt of order passed by the Department. The concerned department is directed to ensure that the entire exercise is completed within a period of four months from the date of receipt/production of a copy of this order. The writ petitions are disposed of with the direction aforesaid. S.Sb/- (Jyoti Saran, J.) 4