RAM SWARATH SINGH Vs. BISCOMAUN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the BISCOMAUN. The petitioner seeks a direction to the Respondents to pay him the arrears of salary from April 1996 to May 1998, dearness allowance as was admissible to him with effect from July, 1995 to January 1996, July, 1996 to January 1997, July, 1997 to January, 1998 as well as the interim relief as admissible to him on 1.4.1995, 1.4.1997 and 1.4.1998. He has also prayed for a direction for payment of revised pay scale for the period 1.4.1989 to 31.3.1994 as per the 5th pay revision and with effect from 1.4.1996 to 31.5.1998 as per 6th pay revision with all consequential benefits. The petitioner superannuated as Class-IV employee under BISCOMAUN with effect from 31.5.1998. The petitioner has also a grievance that his pensionary benefits are also required to be revised accordingly.

(2.) A counter affidavit and a supplementary counter affidavit has been filed on behalf of the BISCOMAUN. It has been stated in the supplementary counter affidavit that the management of the BISCOMAUN has accepted in principle to give benefit of 5th pay revision to its employees subject to the financial condition of the BISCOMAUN which is not in proper shape. However, the claim of the petitioner has not been denied specifically in the counter affidavit. It has been stated however, in paragraph-4 of the supplementary affidavit that the petitioner is not entitled for arrears of salary from April 1996 rather he is entitled for such arrears from April 1997 to May 1998. It has however, been mentioned in the counter affidavit that the petitioner has the liberty to get this aspect verified from the records maintained at BISCOMAUN. Considering the facts and circumstances, particularly the fact that the petitioner retired with effect from 31.5.1998, I consider it appropriate to dispose of this writ application with a direction to the Respondent No. 2, the Managing Director, BISCOMAUN, Gandhi Maidan, Patna to calculate the arrears of the petitioner as is admittedly payable to him, within a period of two months from the date of receipt/production of a copy of this order. The Managing Director will be required to ensure payment of entire arrears of salary as is found admissible as per the calculation done under the orders of the Court within a period of six months thereafter. It will be open to the petitioner to question the correctness of such calculation of arrears before appropriate forum in accordance with law.