IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8878 of 2001 RAMASHRAY MAHTO Versus THE STATE OF BIHAR & ORS ----------- 4/ 16/9/2008. Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner fairly submits that he has no grievance with regard to the fixation of the pay-scale of Rs.4500-125-7000/- with effect from 1.1.1996 by the Department on the post of Assistant Accounts Officer, Water Resources Department. However, he is aggrieved by the arbitrary reduction of the pay-scale to Rs.4000-6000/- by the District Accounts Officer. A counter affidavit has been filed on behalf of the respondents. It contains merely a rhetorical incantation of what the petitioner has submitted. No reasons have been stated in the counter affidavit for reduction of the pay- scale to Rs.4000-6000/- by the District Accounts Officer. In absence of any reasons for the same, the reduction, per se, becomes arbitrary. The Court therefore holds that the petitioner is entitled to the pay-scale of Rs.4500-125-7000/- with effect from 1.1.1996 - 2 - unless there be cogent reasons for variance or denial of the same. The writ application is allowed in terms thereof and the monetary benefits are directed to be made available to the petitioner who is stated to have already superannuated within a maximum period of twelve weeks from the date of receipt/production of a copy of this order. This shall, however, not inhibit or prevent the respondents from proceeding in the matter, in accordance with law, and passing appropriate orders after due opportunity to the petitioner. This writ application stands allowed with observations. KC ( Navin Sinha,J )