Bindeshwar Nayak vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties and considered the counter affidavit filed on behalf of the State. The grievance of the writ petitioner is that he is entitled for the revised pay scale notionally with effect from 1.1.1986 and actual benefit with effect from 1.3.1989, as it has already been done in respect of others by the State Government.

While this matter was heard earlier, the State respondents have conceded before this Court that the petitioner is entitled for the revised scale notionally, as claimed by him.

In the counter affidavit filed on behalf of the Finance Commissioner, Government of Bihar, it is categorically stated that the claim of the petitioner has been examined once again and the same was placed for consideration by the Government. The respondent-Finance Commissioner, however, prayed for two weeks'' time to take final decision in the matter allowing the revised pay scale to the petitioner.

It appears that in principle the respondent Finance Commissioner has accepted the claim of the petitioner for payment of revised scale notionally, as claimed by the petitioner.

The affidavit of the Finance Commissioner was filed some time in the month of December 2004 and again an affidavit was filed in the month of October 2005 acknowledging the claim of the petitioner.

Considering the facts and circumstances of the case and in view of the statement made in the counter affidavit, the respondent authorities are directed to pay the revised pay scale to the petitioner notionally, as claimed by the petitioner and acknowledged by the respondents, within a period of three months from the date of receipt/production of a copy of this order. With the direction/observation aforesaid, this application is disposed of.