IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14099 of 2004 GAGANDEO PRASAD S/O LATE RAMAWTAR SAH, R/O VILL- EAST KARGAHIA, PO-BARWAT PASRAIN, PS- BETTIAH MUFFASIL, BLOCK BETTIAH SADAR, DISTT- WEST CHAMPARAN AT BETTIAH---------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECY. DEPTT. OF FINANCE, GOVT. OF BIHAR,PATNA 3. SECY, DEPTT. OF WATER RESORUCES, GOVT. OF BIHAR,PATNA 4. THE SECY. DEPTT. OF RURAL DEVELOPMENT (RURAL ENGINEERING ORGANISATION) GOVT. OF BIHAR, VISHWASHRAIYA BHAWAN, PATNA 5. THE ENGINEER-IN-CHIEF, WATER RESOURCES DEPTT. GOVT. OF BIHAR, PATNA 6. THE ENGINEER-IN-CHIEF RURAL ENGINEERING ORGANISATION, GOVT. OF BIHAR, PATNA. 7. THE CHIEF ENGINEER, WATER ENGINEER, VALMIKINAGAR,WEST CHAMPARAN 8. THE SUPERINTENDING ENGINEER, TRIHUT CANAL CIRCLE, MOTIHARI 9. THE SUPERINTENDING ENGINEER, RURAL ENGINEERING ORGANISATION MUZAFFARPUR 10. THE EXECUTIVE ENGINEER, RURAL ENGINEERING ORGANISATION, BETTIAH 11. THE EXECUTIVE ENGINEER, TIRHUT CANAL DIVISION, BARA CHAKIA, MOTIHARI--------------RESPONDENTS. ----------- 4 9.8.2010 Heard learned counsel for the parties. This writ application was filed on behalf of the petitioner for payment of arrears of salary to the post of Accounts Clerk. In view of the decision taken by the Government vide Memo No. 6316 dated 6.8.2002 the petitioner is entitled to pay scale in this regard from 1.4.1981 and the corresponding replacement scale of revision dated 1.1.1986 as well as 1.1.1996. He also claims benefit of promotion under ACP Scheme since he had completed 24 years of service before superannuating on 31.7.2003. A counter affidavit has been filed on behalf of the Water Resources Department. They do accept that Rs. 1, 71,059/- is due to the petitioner. Out of this amount a sum of Rs. 1, - 2 - 20,261/- has already been paid by the Water Resources Department. But the balance amount is still payable. The Rural Development Department has not filed an affidavit stating the position on their behalf. Counter affidavit of Water Resources Department also indicates that the question of benefit of A.C.P. Scheme is also related to the same department i.e. Rural Development Department. Petitioner has raised certain dispute about the amount which he is entitled to be paid by the Water Resources Department vis-a-vis what has been paid to him. If such an objection is based on any valid reason, he may bring such a claim before the Water Resources Department in this regard. In absence of any affidavit on behalf of the Rural Development Department, the Court does not know the actual state affairs on the two reliefs i.e. payment of dues by them and benefit of ACP. There is no dispute with regard to payment of the claim made by the petitioner. This writ application is disposed of with a direction upon the Secretary, Rural Development Department, respondent no.4 that he shall take cognizance of the fact and the stand taken by the Water Resources Department that the payment of the balance amount to the petitioner, as well as the claim of the petitioner for grant of promotion under ACP Scheme is for him to decide. He will pass appropriate direction in favour of the petitioner. This must be done within a period of four months from - 3 - the date of production of a copy of this order or communication thereof. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)