IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13408 of 2006 Avinash Kumar Sinha, s/o- Late Bimal Prasad, r/o- mohalla Alamganj Chowki, P.S.- Alamganj, District- Patna (retired from the post of Secretary-cum-Chief Pilot-cum-Director, Civil Aviation, Government of Bihar, Patna ………… Petitioner. Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 3. The Finance Commissioner, Government of Bihar, Patna. ……………. Respondents ----------- 5 26.07.2011 Heard both sides. Petitioner was serving the State Government as Director-cum- Secretary-cum-Chief Pilot. It is his case that considering the responsibility to be discharged by the incumbent of the said post, the Government by a Resolution No. 4823 dated 26.8.1996 (Annexure-3) fixed salary in the sum of Rs. 8,000/- per month w.e.f. 20.3.1998. The Government having resolved so come out with notification contained in Memo No. 373 dated 5.6.1978 whereby his salary was fixed as Rs. 8000/- per month. It is the stand of the petitioner that while taking the said resolution, the salary/pay of the equivalent post in the neighbouring State of Uttar Pradesh was also considered. Petitioner has already superannuated. The grievance of the petitioner is that the replacement scale of Rs. 8000/- as per the 5th Pay Revision Committee is Rs. 26,000/- per month effective from 1.1.1996 which has not been made admissible to him which is contrary to the resolution contained in Annexure-3. 2 The respondents have filed counter affidavit disputing the aforesaid stand of the petitioner. It is contended that the matter was considered threadbare by the Fitment Committee and the scale of Rs. 18,400-22,400 was found admissible to the post held by the petitioner as Director-cum-Special Secretary- cum-Chief Pilot, Department of Civil Aviation, Government of Bihar, Patna. Learned counsel for the petitioner submits that the respondents have not considered the effect of Annexures-3 and 4 while granting him scale of Rs. 18,400-22,400 for which he has already filed a representation. It is submitted that the petitioner would be satisfied if the concerned respondent (the Secretary, Personnel and Administrative Reforms, Government of Bihar) is directed to consider the said representation of the petitioner and pass appropriate orders thereon. Learned counsel for the respondent, appreciating the aforesaid stand of the petitioner, does not object to the disposal of the application in the aforesaid terms. Accordingly, the application is disposed of by the following order: Let the petitioner file a detailed representation ventilating his grievance before the respondent Secretary, Personnel and Administrative Reforms, Government of Bihar along with a copy of the present order within three weeks whereafter the said respondent shall consider and dispose of 3 his representation in accordance with law. Let it be recorded that this Court has not gone into the merit of the claim of the petitioner raised in the application. pkj (Kishore K. Mandal, J.)