IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2300 of 2009 Timal, Son of late Bakil Ram, resident of New Rajdhani Anchal, Ward no. 2B, Ambedkar Colony, P.O. – G.P.O., P.S. Gardanibagh, District Patna Versus 1. The Chief Executive Officer, Patna Municipal Corporation, Patna, Budh Marg, Patna, Sri Arun Kumar Singh, son of not known to the petitioner 2. The Chief Accounts Officer, Patna Municipal Corporation, Budh Marg, Patna, Sri Rajendra Prasad Gupta, son of not known to the petitioner 3. The State of Bihar, through the Commissioner-cum- Secretary of Urban Development Department, Bihar, Patna with MJC No.2810 of 2009 Hartali Ram son of late Nanki, resident of Mohalla Yarpur Ambedkar Coloney, P.O.- G.P.O., P.S. Gardanibagh, District Patna Versus 1. The Chief Executive Officer, Patna Municipal Corporation, Patna, Budh Marg, Patna, Sri Arun Kumar Singh, son of not known to the petitioner 2. The Chief Accounts Officer, Patna Municipal Corporation, Budh Marg, Patna, Sri Rajendra Prasad Gupta, son of not known to the petitioner 3. The State of Bihar, through the Commissioner-cum- Secretary Urban Development Department, Bihar, Patna ----------- 06/ 14.12.2010 Heard learned counsel for the parties. Retiral dues in terms of the revised scale is not being paid to the petitioner of the two contempt petitions, as the amount for payment of the retiral dues in the revised scale is not being released by the State Government in view of the stay order dated 12.5.2008 passed by the Division Bench of this Court in L.P.A. No. 960 of 2007. In 2 the light of the said stay order, the authorities of the Patna Municipal Corporation (hereinafter referred to as the PMC) passed order dated 7.8.2010, Annexure-A to the show cause filed in M.J.C. No. 2300 of 2009 observing that as and when the stay order dated 12.5.2008 is vacated and the amount is released by the State Government, payment of retiral dues of the petitioner in the revised scale shall be made. Counsel for the petitioner, Sri Ashutosh Kumar Jha disputed aforesaid contention of the authorities of the PMC during the hearing of M.J.C. No. 2300 of 2009 on 10.12.2010 and submitted that such stay order has been passed only in the case of Gaya Municipal Corporation and not in the case of the PMC. This Court repeatedly informed Sri Jha on 9/10.12.2010 that his assertions are incorrect, but he insisted that this Court should adjourn the matter so as to enable him to file rejoinder affidavit to the show cause filed on behalf of the PMC. Accordingly, the matters were adjourned so as to enable the office to produce interim order dated 12.5.2008, perusal whereof indicates that thereunder the State of Bihar has obtained stay of the orders of this Court directing the State of Bihar 3 to release funds for payment of arrears of difference of salary in terms of the revised scale. From perusal of the order dated 12.5.2008, passed in L.P.A. No. 960 of 2007, it is quite evident that stay order operates not only in the case of the Gaya Municipal Corporation, but also in the case of the PMC and the authorities of the PMC are right in passing order dated 7.8.2010, Annexure-A to the show cause filed in M.J.C. No. 2300 of 2009 observing that as and when the stay order dated 12.5.2008 is vacated and funds released, the arrears of difference of salary in the revised scale shall be paid to the petitioner. In view of the order dated 7.8.2010, Annexure- A to the show cause filed in M.J.C. No. 2300 of 2009, the two contempt petitions are disposed of. Arjun/ ( V. N. Sinha, J.)