IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 2727 of 2003 Awadhesh Kumar Singh, son of late Jaideo Nandan Singh, resident of Colony Daudpur Kothi, P S – Brahmpura, District – Muzaffarpur - Petitioner Versus 1 The State of Bihar 2 The Secretary, Department of Food, Civil Supply and Commerce, Bihar, Patna 3 The Additional Secretary, Department of Food, Civil Supply and Commerce, Bihar, Patna 4 The Joint Secretary, Department of Food, Civil Supply and Commerce, Bihar, Patna 5 The Secretary, Department of Finance, Bihar, Patna 6 The District Magistrate, Muzaffarpur, Bihar 7 The District Supply Officer, Muzaffarpur, Bihar 8 The Accountant General, Bihar, Patna 9 The Senior Accounts Officer, office of the Accountant General (A&E) 11, Bihar & Jharkhand, Patna - Respondents *** For the petitioner : Mr Bindhyachal Singh, Advocate For the S t a t e : Mr Vijay Kumar Verma, AC to SC V For the A G : Mr L P K Rajgrihar, Addl S C *** 7 04.01.2011 A counter affidavit and a supplementary counter affidavit have been filed. Learned counsel for the petitioner states that there is no need to file a rejoinder as he would be relying on the two counter affidavits themselves for the reliefs as sought for. With consent of parties, this matter is heard for final disposal at this stage itself. Petitioner was an employee of the Civil Supplies Department, Government of Bihar. He was a Marketing Officer and it is not in dispute that he was at that time receiving pay in the pay scale of Rs 1,640 – 2,900/-. In 1993, vide office order dated 08.07.1993 (Annexure- 4), petitioner was granted second time bound promotion and, as such, he 2 was placed in the pay scale of Rs 2,000/- to Rs 3,800/-. This is not in dispute. Petitioner superannuated on 31.07.1999. He has filed this writ application with a prayer that upon revision of pay scales, as per Government Resolution dated 08th February, 1999 which was effective from 01st January, 1996 with material benefits accruing from 01.04.1997, he is entitled to get the replacement/revised pay scale of the pay scale he was receiving. According to the petitioner, as per the Government Resolution dated 08th February, 1999 for officers of the Food and Civil Supplies Department, the replacement pay scale of the pay scale Rs 2,000 - 3,800/- is Rs 6500 – 10,500/-. If that be so then with effect from 01.04.1997, petitioner is entitled to this replacement pay scale of Rs 6,500 – 10,500/-. State counters the plea by two counter affidavits. In the first counter affidavit, they admit the facts but state that petitioner has never been promoted as Senior Marketing Officer. In fact, petitioner was given a time bound promotion only for monetary benefit and not post benefit. As such, he is not entitled to the pay scale of Senior Marketing Officer. In the second counter affidavit, it is stated that as the petitioner had retired as Marketing Officer, he could get revised/replacement scale of the pay of Marketing Officer. I have considered both the arguments. The basic fallacy in both the arguments is that though the petitioner was Marketing Officer and he retired as Marketing Officer in 1993 itself, he was given second time bound promotion by virtue whereof it is undisputed that he was put in the pay scale of Senior Marketing Officer that is Rs 2,000 – 3,800/-. 3 That was in 1993. Once the Pay Revision Committee’s recommendation was accepted by the Government, petitioner was entitled to receive replacement/revised pay scale of the pay scale he was last receiving. As he was last receiving pay in the pay scale of Rs 2,000 – 3,800/-, he would, upon implementation of the Pay Revision Committee’s Report, be entitled to the revised/replacement pay scale of Rs 6,500 – 10,500/-. Respondents forgot that giving time bound promotion is not an actual promotion to a promotional post but giving financial benefits of the promotion to the person. Thus, petitioner was entitled to and was receiving the pay scale of the Assistant District Supply Officer and upon pay revision, was entitled to the revised pay scale of the same. Thus, the stand of the State cannot be accepted. Having considered the matter, in my view, petitioner is entitled to the revised pay scale of Rs 6,500 – 10,500/- from the date revision took effect that is with effect from 01.04.1997. All his service and post retiral dues have to be accordingly revised and recalculated. It shall be the responsibility of the Secretary, Department of Food, Civil Supply and Commerce, Government of Bihar, Patna to see that the orders of this Court are implemented and payments made to the petitioner within three months from the date of production of a copy of this order before him. The writ application, thus, stands allowed. M.E.H./ (Navaniti Prasad Singh)