IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3908 of 2011 KUMAR LALAN PRASAD S/O LATE RAJ BALLABH RAM R/O MOHALLA- GOLA ROAD, DANAPUR, PO.DANAPAUR CANTT. DISTT-PATNA--------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECY. PERSONNEL & ADMINISTRATIVE REFORMS DEPATT. OLD SECRETARIAT,PATNA 2. THE A.G. (BIHAR) BIRCHAND PATEL PATH, PATNA 3. THE CHIEF ENGINEER-1,RURAL WORKS DEPATT. PATNA 4. THE TREASURY OFFICER, SECRETARIAT TREASURY, PATNA 5. THE ACCOUNTS OFFICER, FINANCE DEPATT. (PAY FIXATION CELL), PATNA 6. THE DISTRICT ACCOUNTS OFFICER, FINANCE DEPATT. PATNA -----------------------------RESPONDENTS. ----------- 2 12.7.2011 Heard learned counsel for the parties. A limited submission is made at the bar by learned counsel for the petitioner that Chief Engineer-1, Rural Works Department has no authority or power to issue order dated 10.1.2011 contained in annexure-1, re-fixing the pay scale of petitioner, when earlier pay scale was approved by the Finance Department as far back as 7.7.2006 in terms of annexure-2. The background under which annexure-1 has come to be issued is that when the service book for settlement of his retiral dues was looked into some discrepancy in the manner in which the calculation of pay was made emerged. If annexure-2 was issued after concurrence of the Finance Department then annexure-1 issued by Chief Engineer-1 Rural Works Department would be required to place before the Finance Department for its rectification. The correctness of annexure-1, will have to be tested in the light of the earlier decision contained in annexure-2 of the Finance Department. The outcome of the decision must be communicated to the petitioner - 2 - within a period of three months on the matter being placed before Finance Department. The case of the petitioner would be processed once the Finance Department expresses its opinion on the issue. This writ application is disposed of with the above observation. RPS (Ajay Kumar Tripathi,J.)