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2014 DIGILAW 283 (PAT)

Rama Shankar Prasad v. State of Bihar

2014-02-24

CHAKRADHARI SHARAN SINGH

body2014
ORDER 1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Zila Parishad as well as learned counsel for the State. 2. I.A. No. 6569 of 2013 has been filed seeking amendment in the prayer made in the writ application in view of the development subsequent to institution of the case. 3. For the reasons stated therein, I.A. No. 6569 of 2013 is allowed. 4. On perusal of the main writ application as well as the I.A. No. 6569 of 2013, it appears that as on today, the petitioner seeks direction to the Respondents for payment of the following arrears:- “a) Difference of Salary between 5th Pay Revision Salary and Central Pay Scale from 1.04.1997 to 31.08.2005. b) Difference of Salary between Central Pay Scale and 6th Pay Revision Salary from 1.04.2007 till date. c) Arrears of salary from 1.01.2012 as per 6th Pay Revision. d) Current salary as per 6th Pay Revision.” 5. Learned counsel appearing on behalf of the Zila Parishad, Katihar does not dispute the fact that the petitioner is entitled for arrears as has been claimed by him. He however, submits that because of insufficiency of fund available with the Zila Parishad, payments have not been made to the petitioner and similarly situated employees working under Zila Parishad. 6. He has drawn my attention to earlier order passed by this Court dated 10.12.2013 wherein the Principal Secretary, Department of Panchayati Raj, Bihar had assured this Court to make available fund to the Katihar Zila Parishad. He has also drawn my attention to the orders of this Court passed in C.W.J.C. No. 3689 of 2012 dated 11.01.2013 and C.W.J.C. No. 3689 of 2012 and other analogous cases dated 11.02.2013 wherein this Court has held that the liability of payment of salary to the employees of Zila Parishad is on the State Government of Bihar as well as Zila Parishad and it has accordingly been submitted that unless the State Government of Bihar provides to the Zila Parishad sufficient fund, it would be difficult for the Zila Parishad to pay the arrears as claimed by the petitioner. 7. Be that as it may, the fact remains that the arrears as claimed by the petitioner against Katihar Zila Parishad is not in dispute. 7. Be that as it may, the fact remains that the arrears as claimed by the petitioner against Katihar Zila Parishad is not in dispute. In such circumstance, the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Katihar (Respondent No. 5) is directed to ensure that all the arrears as claimed by the petitioner are paid to him within a period of six months from the date of receipt/production of a copy of this order. It will be open for the Executive Officer, Zila Parishad, Katihar to approach the State Government of Bihar for releasing fund for payment of arrears of salary. The dispute as to whether the fund has to be released by the State Government or not, is primarily between Zila Parishad and the State Government. Petitioner cannot be made to suffer for dispute between these two authorities. It is however indicated that if Respondent No. 5 approaches the State Government for releasing of fund which the Zila Parishad is entitled to get, State Government will act promptly and take a final decision accordingly. 8. This application is allowed with the directions and observations as above.