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
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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
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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
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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.)