IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10630 of 2005 KHUDIA Versus THE STATE OF BIHAR & ORS ----------- 9 26.04.2010 Heard Mr. Ravindra Kumar Sinha, learned counsel for the petitioner, Mr. Girijesh Kumar, learned A.C. to A.A.G.3 for the State and Mr. Rabindra Kumar Priyadarshi learned counsel for the Gaya Municipal Corporation and its authorities. The writ petition had been filed for payment of certain dues which were yet to be paid to the petitioner arising from implementation of the revised pay scale in the Gaya Municipal Corporation. The petitioner superannuated from the post of Sweeper on 31.8.2001 and has been provided with all the post retiral benefits but according to the petitioner the same is in terms of the pre- revised scale. He thus submits that the petitioner is entitled for not only the revision of the pay scale but also a consequential benefits arisen there from in the form of arrears of salary and arrears of post retiral benefits, consequent upon the pay revision. 2 A counter affidavit has been filed on behalf of the respondent corporation, enclosing a copy of the order(s) passed by a Division Bench of this Court in M.J.C. No. 404 of 2006 (Chinta Devi versus Udhawa Pandey & Ors.) and other cases placed at Annexure-D series of the said counter affidavit. The Division Bench upon appreciating the financial aspect of the matter, was pleased to dispose of the said petitions accepting the stand of the Corporation that no sooner the amount is received by the Corporation from the State Government for payment of the arrears of pay revision and retiral benefits to its employees, the same would be paid to the petitioner. Learned counsel thus submits that it is not the case of the petitioner alone who has received his retiral and other benefits in pre- revised scale and that similar is the situation of large number of other employees. Having regard to submissions of the learned counsel for the Corporation and the Division Bench orders placed at Annexure-D series of the supplementary counter affidavit filed on behalf of the respondent-corporation, the writ petition is disposed of in the light 3 of the directions issued thereunder with a further stipulation that the respondent Corporation would provide a calculation sheet to the petitioner showing his pending entitlements towards arrears of salary and post retiral benefits and which shall be paid to him upon receipt of funds in this regard by the State Government. Bibhash ( Jyoti Saran, J.)