CIVIL WRIT JURISDICTION CASE No 1220 OF 1998 *** In the matter of an application under Article 226 of the Constitution of India. *** Jag Narain Singh, son of late Ram Pati Singh, resident of village - Meghpur, Singhara, P S – Mahua, District – Vaishali, at present Clerk, Primary Health Centre Jandaha, District – Vaishali -Petitioner Versus 1 The State of Bihar through Secretary, Health Department, New Secretariat, Patna 2 The Secretary, Department of Health, Bihar, New Secretariat, Patna 3 The Director, Health Services, Bihar, New Secretariat, Patna 4 The Civil Surgeon, Vaishali at Hajipur 5 Manoj Kumar Singh, Cleark, at present Public Health Centre, Biddupur, P O – Biddupur Bazar, District – Vaishali 6 Lakhandeo Das, Clerk, at present Civil Surgeon Office, Hajipur, Vaishali -Respondents *** For the petitioner : Mr Ram Sagar Mahto, Advocate For the S t a t e : Mr Shashi Bhushan Kumar, SC 16 *** P R E S E N T THE HON'BLE MR JUSTICE NAVANITI PRASAD SINGH Navaniti Prasad Singh, J The petitioner retired as Clerk from the Primary Health Centre, Jandaha, District – Vaishali. He filed this writ petition in the year, 1998 claiming that he, having passed his Accountancy Departmental Examination in the year 1980, was granted Junior Selection Grade with effect from 01.04.1981 after completion of 10 years of satisfactory service. He was then entitled to be considered for grant of Senior Selection Grade, which is available to 12.5% of the cadre strength, in the 2 year, 1986 but was not so granted whereas his Juniors were granted Senior Selection Grade with effect from 01.04.1989. A counter affidavit has been filed duly sworn by the Civil Surgeon –cum- Chief Medical Officer, Vaishali. The same, having been filed recently, has not been tagged to the records. Let office trace it out and tag it. However, perused the same from the copy available with the learned State Counsel. In that counter affidavit, it is now clearly stated that under Memo No 2225 dated 26.09.2010, inter alia, petitioner has been granted Senior Selection Grade pay scale in the 12.5% post in that regard with effect from 01.04.1989. In my view, in so far as this is concerned, petitioner would become entitled to revision of his salary thereafter and also revision of his pensionary benefits accordingly. This, the respondent-Civil Surgeon would ensure, is done within three months and payments of arrears made accordingly. In the counter affidavit, no reason is given why petitioner has not been granted the Senior Selection Grade from 01.04.1986 that is upon completion of five years of satisfactory service after grant of Junior Selection Grade which is of course subject to availability of post for that. This matter, the respondent-Civil Surgeon –cum- Chief Medical Officer, Vaishali at Hajipur would consider and pass appropriate orders within three months. The order shall be communicated to the petitioner. If it is found that the petitioner was entitled to the Senior Selection Grade with effect from 01.04.1986 or any date earlier than 01.04.1989 then all consequential steps for revision of pay and retirement benefits and 3 payment of arrears in respect thereof should be done within three months, the responsibility of which shall be on the respondent-Civil Surgeon. If this is not so done within the period as specified then petitioner would be entitled to receive payment of interest at the rate of 12% from the date amounts were due till the date amount is paid as a part of delayed payment compensation which the State will be free to recover from the Officer because of whose fault the delay has been occasioned. With these observations and directions, the writ petition stands disposed of. (Navaniti Prasad Singh) Patna High Court, The 02nd November 2010, N A F R, M E Haque/