IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15199 of 2005 SHAMBHU MISHRA Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: Mr. R.K.Sinha,Advocate For the State: Mr. R.P.Bharti, S.C.14 S.K.Singh, J.C. to S.C.14, ----------- 3 28.7.2008 Heard learned counsel for the parties. Though writ application has been pending for adjudication for the last three years no counter affidavit has been filed by the respondents. Even an indulgence shown to respondent nos. 4 and 5 on 12.2.2007 giving them an opportunity to file a counter affidavit has not been availed of. Petitioner retired from the post of clerk under the Munger Nagar Parishad on 31.1.2003. His grievance is that benefit of difference of pay with effect from 1.4.1983 and the salary from the year, 1986 has not been paid to him. There are employees who have drawn benefit and the respondents have obliged them in this regard but why the petitioner has been discriminated is not known to him. His earlier efforts to get the relief by moving the authority has got no any result. In absence of any rebuttal of the averment made by the petitioner in this regard, this writ application is disposed of with a direction both the respondent nos. 4 and 5 that if a discrimination has been practiced in payment of arrears and difference of salary as claimed by the petitioner they have the - 2 - responsibility to remove the same by taking steps for payment within a period of three months from the date of communication or production of a copy of this order. If any payment has been made in the meanwhile the same may be adjusted in the final settlement of the claim of the petitioner This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)