IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9270 of 2011 Sujay Suman son of sri Bhairav Dayal Sharan, R/o Kesaria Purani Bazar, at and P.S. Kesaria, Dist-East Champaran -----Petitioner. Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Principal Secretary, Urban Development Department, Bihar,Patna . 3. The Deputy Secretary, Urban Development Department, Bihar,Patna . 4. The Nagar Parishad, Bettiah West Champaran through its chairman, Nagar Parishad, Bettiah, West Champaran. 5. The Executive Officer, Nagar Parishad, Bettiah, West Champaran. 6. The Accountant, Nagar Parishad, Bettiah, West Champaran. ----------- 03 27.06.2011 Heard Mr. D.K. Tiwari, for the petitioner, Mr. K.K. Tiwari, for the Nagar Parishad and Mr. Arun Kumar Assistant Counsel to Government Pleader no.5. Petitioner seeks two fold relief(s) from this Court. It is submitted that he was retained as daily wager w.e.f. 20.03.1997. Subsequently, after undergoing some process of selection, his services as Junior Engineer in the respondent Nagar Parishad, Bettiah, West Champaran ( for short „Nagar Parishad‟) was regularized by order contained in Annexure-17. Scale of pay admissible to the petitioner, however, was not provided therein. The petitioner was thereafter continued to be paid a consolidated amount. On his representation, the authorities of the respondent Nagar Parishad came out with an order dated 05.12.2010, contained in Annexure-19 fixing a scale of pay to which the petitioner was entitled to. The grievance of the petitioner is that till date he has not been paid his salary in the said scale of pay. He, therefore, seeks a direction on the respondent Nagar Parishad to pay him in the scale provided w.e.f. 28.09.2004, the day when his services were regularized as 2 Junior Engineer by the respondent Parishad vide order contained in Annexure-17. A counter affidavit has been filed on behalf of the respondent nos. 4 to 6, affirmed by Sri Deepak Kumar Tiwari, City Manager, Nagar Parishad, Bettiah. Paragraph no.7 of the counter affidavit reads as under:- “7. That at the very outset of his counter affidavit it is most humbly stated and submitted that the petitioner was working as Junior Engineer on daily wages basis under the Nagar Parishad( earlier known as Municipality), Bettiah against a sanctioned vacant post with effect from 20.3.1997 in light of resolution passed by the Municipal Board. It is also relevant to state here that considering the urgency of work the petitioner was allowed to work on daily wages basis w.e.f. 20.11.1996. It is also relevant to state here that steps were taken from the regularization of service of the petitioner but due to ban imposed by the State Govt. it could not be finalized till revocation of ban. Immediate after the ban was revoked by the State Government, the petitioner‟s service made permanent with effect from 28.9.2004. It is further relevant to state here that the entire amount of salary of the petitioner on daily wages basis has been paid to him and after regularization of his service, the petitioner is getting consolidated amount of Rs. 6000/- towards his salary due to the fact that the scale of pay of the Junior Engineer was not known to the respondents. Now the scale of pay for the post of Junior Engineer has came into the knowledge of the respondent authority and the payment order has already been passed by respondent no.5 and the petitioner will receive his entire amount of salary in the prescribed scale of pay. It is also relevant to make it clear that the chairman ( respondent no.4) of the Nagar Parishad, Bettiah has consented to consider the case for regularization of service of the petitioner with retrospective effect i.e. from 20.03.1997 in the next Board‟s meeting expected to be held in the month of June, 2011.” In the light of stand taken by the respondents in the said paragraph, this Court finds no difficulty in directing the respondent Nagar 3 Parishad to pay the petitioner in a scale as contained in Annexure-19 w.e.f. 28.09.2004 within a period of 04 months from the date of receipt/production of a copy of this order. With regard to his second grievance, Mr. Tiwari, learned counsel on behalf of the petitioner, in the light of the stand taken in the counter affidavit, submits that for the left out grievance the respondent Nagar Parishad be directed to expedite consideration of the matter. Learned counsel appearing on behalf of the respondent Parishad submits that appropriate decision would be taken within a reasonable time. Let the respondent Parishad take appropriate decision in the matter concerning payment of wages/salary to the petitioner up to 28.09.2004 when his services were regularized, within a period of 05 months from the date of receipt/production of a copy of this order. With the aforesaid observation/direction, the application stands disposed of. Sym ( Kishore K. Mandal, J. )