IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.253 of 2010 1. Awadh Narayan Roy S/O Late S.N. Roy R/O Moh Ram Nagar , Devi Ashthan Lane , Chiraiya Tard, P.S. Jakkanpur,Distt-Patna Versus 1. The State Of Bihar 2. The Secretary Department Of Art, Culture (Musum)And Youth Government Of Bihar, Patna 3. The Joint Secretary Department Of Art , Culture(Musum) And Youth Government Of Bihar, Patna 4. The Secretary Finance Department Govt. Of Bihar, Patna 5. The Accountant General Bihar, Patna ----------- 3. 26.08.2011 Heard learned counsel for the petitioner, the State and the Accountant General. The writ petition was filed on 18.12.2009 after serving two copies in the office of the Advocate General. If the period from the date of filing till today was not sufficient for filing of a counter affidavit, the reminder by the Court on 22.6.2010 to do so also appears to have had no effect on the State respondents. The office of the Accountant General realizing its duties to assist the Court in dispensation of justice has filed its counter affidavit. The State respondents do not respond to the queries made by the office of the Accountant General and do not consider it necessary to file a counter affidavit also. The situation is unfortunate. The brunt has to be borne by the citizen seeking relief. The petitioner has superannuated on 30.4.2001 from the post of Curator. The controversy 2 relates to the admissible pay scale for grant of 1st A.C.P. Counsel for the petitioner has demonstrated from Annexure-8 and 9 to the supplementary affidavit issued by the office of the Accountant General dated 25.1.2010 and 11.1.2010 that the pay scale to be fixed after grant of 1st A.C.P. appears to be erroneous and clarification had been sought from the State respondents. Issues of pay scale are primarily for the employer to decide and more particularly when they involve questions of facts with regard to dates and earlier grant of pay scale on basis of which A.C.P. pay scale is being claimed. If the State respondents had filed a counter affidavit the litigation could have been brought to an end today by a final order either ways. In view of the refusal of the State respondents to assist the Court, it leaves no option but to direct the Secretary Department of Art, Culture (Museum) and Youth, Government of Bihar to pass a reasoned and speaking order in light of the queries of the Accountant General dated 25.1.2010 and 11.1.2010 preferably within a maximum period of four months from the date of receipt/production of a copy of this order. Liberty is also given to the petitioner to submit a representation along with a copy of the present 3 order in support of the same. It is expected that if the respondents find justification in the claim or in any part of the claim necessary consequential orders shall be passed simultaneously without awaiting institution of fresh litigation by the petitioner. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)