IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3477 of 2006 SURESH PRASAD, son of Late Mohammad Singh, resident of village Danapur, P.O. Kujma, Police Station Bihta, District-Patna. Versus 1. THE STATE OF BIHAR 2. The Director Primary Education, Bihar, Patna. 3. The R.D.D.E., Patna, Division. 4. The District Superintendent of Education, Patna. 5. The District Provident Fund Officer, Patna. 6. The Accountant General, Bihar, Patna. ----------- 3 07.05.2010 Heard Mr. Mithilesh Mowar, learned counsel for the petitioner and Mr. Dhananjay Kumar, learned A.C. to G.P.12 for the State. The petitioner superannuated from the post of Assistant with effect from 31.1.2004 posted in the office of the District Superintendent of Education, Patna. The writ petition was filed for payment of number of claims which have been set out in paragraphs 7 to 11 of the writ petition and relates to provident fund, salary for certain period, time bound promotion, revision of pay, as also revision of pension after grant of A.C.P. benefits. A counter affidavit was earlier filed on behalf of the District Provident Fund Officer, Patna and who while enclosing a calculation chart had demonstrated the payment of the G.P.F. amount to the petitioner. 2 Today a counter affidavit has been filed by the District Superintendent of Education, Patna and in which it is stated that after carrying out the exercise of pay fixation, the records have been sent to the District Accounts Officer, Patna for verification of the fixation and no sooner the same is verified the payments of the differential amount would be made to the petitioner. It is further stated that the revised pension papers would also be forwarded to the Accountant General for revision of the pension accordingly. In so far as the A.C.P. benefits is concerned, it is stated that the matter has been forwarded to the Divisional Commissioner for taking an appropriate decision on the same. In so far as salary for the period June, 1998 to February 1999, June 1999 to February, 2000 and May 2001 to June, 2001 is concerned, it is stated in paragraph 9 of the counter affidavit that necessary guidelines have been sought from the Director of Secondary Education on this issue for the reason that the post against which the petitioner was posted at the relevant time was not sanctioned. Whether or not the post was 3 sanctioned can hardly be a ground for denial of salary to the petitioner who admittedly held a substantive post and besides having discharged the duties for the period aforesaid as well as there being no dispute on the issue, the authorities are bound to make payment of the salary for the period aforesaid. Thus taking into consideration the circumstances that the respondent themselves have taken prompt steps for redressal of the grievance of the petitioner for grant of salary for time bound and A.C.P., revision of his pension and for payment of the differential salary on account of such pay fixation, it is expected that the necessary steps for redressal of the grievance of the petitioner would be taken expeditiously and preferably within three months from the date of receipt production of a copy of this order. The writ petition is disposed of Bibhash ( Jyoti Saran, J.)