IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5130 of 2007 Nityanand Jha S/O Late Arjun Prasad Jha, resident of Village- Gorgama Ratanpur, P.O. Ghat Kusmani, Distt- Goda --------- Petitioner Versus 1. Patna Municipal Corporation through its Commissioner 2. The Chief Engineer, Patna Water Board under Patna Municipal Corporation, Patna 3. The Executive Officer, Patna Water Board under Patna Municipal Corporation, Patna --------------------- Respondents. ----------- 06 10-05-2011 Heard learned counsel for the petitioner. None appeared on behalf of Respondent/Patna Municipal Corporation, Patna The writ petition was filed with a prayer to direct the Respondents to make payment of gratuity, leave encashment, provident fund, arrears of revised pension and other reliefs. In this case, a counter affidavit was filed on behalf of Respondent Municipality, wherein it was indicated that amount of G.P.F. , Gratuity , unutilized leave was already paid to the petitioner in the year 2008 itself. Similarly, the amount under the head of G.S.S. was also paid in the year 2005. Learned counsel for the petitioner submits that the petitioner is getting his pension in new scale, but arrear of pension has not been paid in accordance with revised scale. In para-7 of the counter affidavit, it has been indicated that the benefit of 6th Pay Revision was being paid by the Corporation to all of its employees from 1.11.2004, whereas the petitioner retired on 31.5.2004 and , as such, he is not entitled to get any benefit of revised arrears of salary on the basis of 6th pay revision. Of course , no rejoinder to the counter affidavit was filed, but it was submitted by the learned counsel for the petitioner that other similarly 2 situated employees are getting the same benefit. It was further submitted by learned counsel for the petitioner that the petitioner may be granted liberty to file a representation before the authority concerned. In view of the submission made by learned counsel for the petitioner, the writ petition stands disposed of granting liberty to the petitioner to file a representation so far arrears of revised scale is concerned before the competent authority. If such representation is filed by the petitioner, it is expected that the same will be examined in its right perspective and final order shall be passed preferably within a period of four months from the date of filing of such representation. The writ petition stands disposed of. NKS/- ( Rakesh Kumar, J. )