IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9487 of 2009 RAJ KUMAR PRASAD SINHA SON OF LATE AWADH NANDAN PRASAD, RESIDENT OF VILLAGE CHANDI, P.S. BARH, DISTRICT PATNA. PRESENTLY RESIDING AT MOHALLA POLILCE CO- OPERATIVE COLONY NEAR POLICE LINE, P.S. AND DISTRICT MADHUBANI-----PETITIONER. Versus 1. BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, VIRCHAND PATEL PATH, SON BHAWAN, PATNA, THROUGH ITS MANAGING DIRECTOR. 2. THE BOARD OF DIRECTORS, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, VIRCHAND PATEL PATH, SON BHAWAN, PATNA. 3. THE MANAGING DIRECTOR, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, VIRCHAND PATEL PATH, SON BHAWAN, PATNA. 4. THE CHIEF OF ADMINISTRATION, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, VIRCHAND PATEL PATH, SON BHAWAN, PATNA. 5. THE DISTRICT MANAGER, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, MADHUBANI. 6. THE DISTRICT MANAGER, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, DARBHANGA. 7. THE DISTRICT MANAGER, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, DHANBAD. 8. THE DISTRICT MANAGER, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, GOPALGANJ------RESPONDENTS. For the Petitioner : M/s Chakrapani, Shashi Priya Pathak, Advocates. For the Corporation : M/s R.S. Pradhan, Sr. Adv., A.N. Rai, Advocate. ----------- 03. 01.12.2009 Heard learned counsel for the petitioner, State and the counsel for the Food and Civil Supplies Corporation(hereinafter referred to as “the Corporation”). 2. Petitioner has filed this writ application for a direction to the competent authority of the Corporation to grant him increments in the scale of Assistant Godown Manager with effect from the date he was promoted on the said post as after his promotion on the said post until the date of retirement he has been paid salary at the lowest stage of the scale admissible in view of the allegations pending against him. 3. It is submitted on behalf of the petitioner that after his retirement a proceeding was initiated against the petitioner which has since been concluded under Memo No.5258 dated 25.6.2008, Annexure-8, perusal whereof indicates that thereunder the Managing - 2 - Director of the Corporation had directed for recovery of the amount by filing civil suit and has not punished the petitioner for any misconduct. 4. Let the petitioner file representation detailing his claim for payment of arrears of difference of salary after granting increments for the period between his promotion on the post of Assistant Godown Manager till the date of his superannuation. The representation of the petitioner be considered by the competent authority of the Corporation in accordance with law as early as possible, in any case within two month from the date of receipt of his representation along with a copy of this order. Arrears, if any, found due to the petitioner be paid to him within another one month. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)