1. The Managing Director, Jharkhand State Food & Civil Supplies Corporation Ltd., having its v. 1. Rabi Bhushan Choubey, aged about 61 years, son of Late Rambali Choubey, Resident
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 247 of 2021 1. The Managing Director, Jharkhand State Food & Civil Supplies Corporation Ltd., having its office at Kadru, P.O. Doranda, P.S. Argora, Dist.-Ranchi. 2. The District Manager, Jharkhand State Food & Civil Supplies Corporation Ltd., P.O. & P.S. Dumka, Dist.-Dumka. … … Respondents/Appellants Versus 1. Rabi Bhushan Choubey, aged about 61 years, son of Late Rambali Choubey, Resident of 1/3, B-Block, Chndrabali Udyan, Kashidih, P.O. & P.S. Sakchi, Town-Jamshedpur, Dist.-East Singhbhum. … … Petitioner/Respondent 2. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District-Ranchi. 3. The Secretary, Food & Civil Supplies-cum-Chairman, Jharkhand State Food & Civil Supplies Corporation Ltd., having its office at Project Bhawan, P.O. & P.S. Dhurwa, District-Ranchi. 4. The Secretary, Food & Civil Supplies-cum-Chairman, Bihar State Food & Civil Supplies Corporation Ltd., having its office at Old Secretariat, P.O. & P.S. Sachivalay, Dist.-Patna. 5. The Managing Director, Bihar State Food & Civil Supplies Corporation Ltd., having its office at Khadya Bhawan, Daroga Rai Path, P.O. & P.S. Sachivalay, Dist.-Patna. … … Respondents/Respondents ------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR For the Appellant For the Resp-State For the Resp. No.1 For the Resp. Nos.4&5 : Mr. Jitendra Shankar Singh, Advocate ------- : Mr. Shivam Singh, Advocate : Mr. Mohammed Asghar, AC to Sr. SC-II : Mr. Mukesh Kr. Sinha, Advocate ---------------------------- ORAL JUDGMENT 11/Dated: 31st July , 2023 Per Sujit Narayan Prasad, J. 1. The instant appeal under clause 10 of the Letters Patent is directed against the order/judgment dated 15.02.2021 passed in W.P.(S) No. 632 of 2020, by which the writ petition has been allowed with a direction upon the Jharkhand State Food & Civil Supplies Corporation Ltd. to release all the 2 admitted dues in favour of the writ petitioner within a period of four weeks from the date of receipt/production of copy of the order with the liberty to the Jharkhand State Food & Civil Supplies Corporation Ltd. to reconciliate the claim if they think that it is required to be paid by the Bihar State Food & Civil Supplies Corporation Ltd. 2. The facts of the case which requires to be enumerated herein, read as under:
Decision
The writ petitioner was posted as Assistant Manager, Jharkhand State Food & Civil Supplies Corporation Ltd. and retired from service on attaining the age of superannuation w.e.f. 31.07.2018. After reorganization of the State, the writ petitioner on allocation of the State of Jharkhand joined the Corporation at Dumka on 23.01.2009, however, he was not paid salary for the period from January, 2009 to March, 2010. The writ petitioner made several reminder/representations for disbursement of his salary but no heed was paid to such representation. The services of the writ petitioner was also under suspension vide order dated 24.09.2005, however, no departmental proceeding was initiated against him and finally his suspension was revoked and he joined his services on 04.11.2005. However, his salary for the period between 24.09.2005 to 04.11.2005 has not been paid. The services of the writ petitioner was also under suspension from 27.04.1995 to 16.02.1996 on account of initiation of a criminal case for the offence u/s 420, 409, 467, 468 and 471 of IPC, but, in the said criminal case, the writ petitioner got acquitted vide judgment dated 18.12.2017 and the salary for the suspended period has also not been paid. The grievance of the writ petitioner is for payment of salary for the period from January, 2009 to March, 2010; payment of benefits of 5th Pay Revision; payment of full salary for the period between 24.09.2005 to 14.11.2005; payment of benefits of group insurance; payment of salary for the period from 27.04.1995 to 16.02.1996 as also payment of arrears on account of 6th Pay Revision. 3 Being aggrieved with the same, the writ petitioner approached to this Court by filing writ petition being W.P.(S) No. 632 of 2020. 3. It is evident from the factual aspect that the recommendation of 5th Pay Revision Committee was adopted by the Bihar State Food & Civil Supplies Corporation Ltd. w.e.f. 01.01.1997. However, the writ petitioner had not been extended with the benefit of revision by virtue of the recommendation of 5th Pay Revision Committee though the same had been adopted w.e.f. 01.01.1997. According to the writ petitioner, the aforesaid claim was being made but, in the meanwhile, due to the effect of the Bihar Reorganization Act, 2000, the State of Bihar bifurcated into two successor States, i.e., the successor State of Bihar and the successor State of Jharkhand. The Food & Civil Supply Corporation remained to be in the name of Bihar State Food & Civil Supplies Corporation Ltd. up till 31.01.2011. The grievance of the writ petitioner regarding the non-payment of salary for the period from January, 2009 to March, 2010; payment of benefits of 5th Pay Revision; payment of full salary for the period between 24.09.2005 to 14.11.2005; payment of benefits of group insurance; payment of salary for the period from 27.04.1995 to 16.02.1996 as also payment of arrears on account of 6th Pay Revision. Even though the writ petitioner in the meanwhile retired from service which compelled the writ petitioner to prefer a writ petition being W.P.(S) No. 632 of 2020 taking the ground that in absence of initiation of any departmental proceeding the payment of salary of the writ petitioner can be withheld/denied. Further, writ petitioner has been denied the payment even though writ petitioner had made representation to the corporation. The contention has been raised in the writ proceeding regarding the mutual agreement arrived at in between the Bihar State Food & Civil Supplies Corporation Ltd. and Jharkhand State Food & Civil Supplies Corporation Ltd. as under Circular No. 389 dated 04.02.2016 by which a conscious decision in between the two corporations was taken agreeing therein that the dues is to be paid in favour of the public servant or the retired person or any other dues is to be paid by the Jharkhand State Food 4 & Civil Supplies Corporation Ltd. subject to its reconciliation by the Bihar State Food & Civil Supplies Corporation Ltd. The writ petition was accordingly disposed of with a direction upon the Jharkhand State Food & Civil Supplies Corporation Ltd. to release the arrears of dues in consequence of the adoption of the recommendation of 5th Pay Revision Committee with the liberty to reconciliate the same from the Bihar State Food & Civil Supplies Corporation Ltd. which is the subject matter of the instant appeal. 4. Mr. Shivam Singh, learned counsel for the appellant-Jharkhand State Food & Civil Supplies Corporation Ltd. has submitted that the learned Single Judge has not appreciated the fact in right perspective since the very fact of agreement having been arrived at in between two corporations on 04.02.2016, the order has been passed with a direction to make payment of the aforesaid dues in favour of the writ petitioner. According to the learned counsel, when the agreement has been arrived at on 04.02.2016, then it should have been given prospectively w.e.f. 15.11.2000. Further, the Bihar State Food & Civil Supplies Corporation Ltd. was bifurcated w.e.f. 01.02.2011, as such, the liability prior to 01.02.2011 will be upon the Bihar State Food & Civil Supplies Corporation Ltd. but the aforesaid aspect of the matter has not been considered, therefore, the impugned order suffers from infirmity so far as it relates to disbursement of 5th Pay Revision Committee. 5. Per contra, Mr. Jitendra Shankar Singh, learned counsel for the respondent-Bihar State Food & Civil Supply Corporation Ltd. has submitted by taking the ground that once the arrangement has been arrived at by virtue of agreement dated 04.02.2016 for disbursement of the amount based upon the principle of ‘as is where is’, the liability is now upon the Jharkhand State Food & Civil Supply Corporation Ltd. to pay all the dues to the writ petitioner. 6. So far as the contention of the learned counsel for the appellant- Corporation that the corporation has been bifurcated on 01.02.2011 is concerned, the same will not be material in view of the agreement arrived in between the two corporations as on 04.02.2016 wherein there is no 5 reference that the dues will only be paid said to be prospectively rather the due care has been given regarding all the dues on or after 15.11.2000 and hence, the aforesaid ground of having prospective application of the date of bifurcation of two corporations is having no substance and taking into consideration the aforesaid fact, the learned Single Judge since has passed the order, the same cannot be said to suffer from error. 7. Further, the learned counsel for the Bihar State Food & Civil Supplies Corporation Ltd. has submitted by referring to the observation made by the learned Single Judge at paragraph-9 that after the amount having been paid by the Jharkhand State Food & Civil Supplies Corporation Ltd., if any efforts will be taken for reconciliation of the amount to be paid in favour of the writ petitioner, the same will be taken care of up to 14.11.2000. 8. We have heard the learned counsel for the parties, perused the documents available on record as also the finding recorded by the learned Single Judge. 9. The fact which is not in dispute in this case is that the writ petitioner while working in the Bihar State Food & Civil Supplies Corporation Ltd. prior to bifurcation of the State, i.e., on or after 15.11.2000 had been denied the benefit of the revision in consequence of the adoption of the recommendation of 5th Pay Revision Committee. The aforesaid benefit has not been paid and in the meanwhile, the State of Bihar has been bifurcated into two successor States, i.e., successor State of Bihar and successor State of Jharkhand. The aforesaid grievance of the writ petitioner has not been fulfilled on the ground that the dues is to be paid by the Bihar State Food & Civil Supplies Corporation Ltd. as the ground has been taken by the Jharkhand State Food & Civil Supplies Corporation Ltd. The said ground has been taken because according to the Jharkhand State Food & Civil Supplies Corporation Ltd., the corporation has been bifurcated w.e.f. 01.02.2011. 10. Be that as it may, the fact remains that the entitlement as per the adoption of the 5th Pay Revision Committee so far as it relates to the claim of the writ petitioner has not been paid. Bifurcation was there but the question is 6 that if the State has been bifurcated on the strength of the statute, then why the employee will be made to suffer. But fact remains that for a very long period, i.e., after the order having been passed by the learned Single Judge, the retiral benefit has been paid but without adding therein the consequential benefit arising out of the recommendation of the 5th Pay Revision Committee. 11. The question is that when the recommendation of 5th Pay Revision Committee has already been adopted from 01.01.1997, there is no reason to deny the said benefit to one or the other employee. The plea of the Jharkhand State Food & Civil Supplies Corporation Ltd. that it is the liability of the Bihar State Food & Civil Supplies Corporation Ltd., which can be said to be correct if there would not have been resolution but the moment the resolution dated 04.02.2016 has come, such point is not available to be raised on behalf of the Jharkhand State Food & Civil Supplies Corporation Ltd. Even the Jharkhand State Food & Civil Supplies Corporation Ltd. has not discharged its part of the duty of making payment of the said dues from 15.11.2000 rather only after order having been passed by the learned Single Judge, the same has been paid that too without any benefit of 5th Pay Revision Committee. The Bihar State Food & Civil Supplies Corporation Ltd. has also taken no effort in releasing the aforesaid amount even though it was adopted w.e.f. 01.01.1997. 12. The plea is being taken by the appellant-Corporation now that it is Bihar State Food & Civil Supply Corporation Ltd. who has to pay writ petitioner the unrevised salary for the period April, 1995 to January, 2011 moreover the difference of amount of 5th and 6th Pay Revision up to January, 2011 and other dues also have to be paid by the Bihar State Food & Civil Supply Corporation Ltd. 13. The question which arises herein is that: (i) Whether both the corporations can be allowed to deviate from the decision taken in the resolution dated 04.02.2016; 7 (ii) Whether the Bihar State Food & Civil Supplies Corporation Ltd. can deny the consequential monetary benefit in lieu of the recommendation of 5th Pay Revision Committee if the same is prior to 15.11.2000; (iii) Whether the Jharkhand State Food & Civil Supplies Corporation Ltd. can take the plea of shifting the entire liability upon the Bihar State Food & Civil Supplies Corporation Ltd. (iv) Whether the direction of the learned Single Judge for making payment of the consequential benefit in lieu of the recommendation of 5th Pay Revision Committee is justified. All the issues are linked together, as such, the same are being answered hereinbelow. 14. This Court deems it fit and proper to first refer the resolution as contained in memo no. 389 dated 04.02.2016. The background of the reason for aforesaid resolution is carving out two successor State in consequence of the Bihar Reorganization Act, 2000. Object of the said circular is not to deprive the concerned employee either working in the Food & Civil Supplies Corporation or any establishment. 15. The aforesaid resolution although is dated 04.02.2016 but as would appear from the content wherein it has been stipulated that if the Public Distribution and Consumer Affairs Department, Jharkhand has come out with a resolution as contained in Memo No. 223 dated 31.01.2011 wherein it has been mentioned that the Bihar and Jharkhand States have come out with an agreement in pursuance of the order No. 1202 dated 16.12.2005 of the Ministry of Home, Government of India, whereby and whereunder, both the corporations have agreed for distribution of the asset and liability. The consideration has also been given therein regarding the benefits to be paid to the public servant working under the corporation as would appear from the decision so taken as under paragraphs-3, 5 and 6. For ready reference, relevant paragraphs are being referred as under: “3. गृह मं्ቔालय, भारत सरकार ्ቛारा दिनाक 16.12.2005 को जारी आिेश के अनुपालन में दिनांक 14.11.2000 का बैलेंस शीट एवं ्ቚोदिट ए्ቄ लॉस (Profit & Loss) एकाउ्ቇ तैयार दकया गया। अदिसूचना में दनिााररत मापि्ቄ के अनुसार अचल स्ቘदत का बँटवारा " As is Where is " के आिार 8 पर एवं अ् चल स्ቘदतयों एवं िेनिाररयों का बँटवारा 3.1 के आिार पर दकये जाने का उ्ቤेख है। उ्ሹ आिार पर झारख्ቄ रा्ቋ के दह्से का िादय् 112.66 करोड़ रूपये एवं आररत 7071 करोड़ रूपये है। तिनुसार झारख्ቄ रा्ቋ के आ़्ि का समायोजन िादय्ों से करने के प्ቐात 4195 करोड़ रूपये के भुगतान के संबंि में दबहार रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम दलदमटेड के आ़्ियों एवं िादयቈኚों के बँटवारा हेतु िोनों रा्ቋ के पिादिकाररयों के बीच दिनाक 15.01.2016 को दबहार, पटना में आहूत बैठक में 4195 करोड़ रूपये का िादयቈኚ भार झारख्ቄ सरकार ्ቛारा दबहार सरकार को िेने पर सहमदत बनी है। 4. दवदित होगा दक दवभागीय सक्ቜ सं्ቅा 1004, दिनाक 0606 2009 ्ቛारा झारख्ቄ रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम दलदमटेड को गठन दकया गया। दबहार रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम दलदमटेड के झारख्ቄ रा्ቋ के अव़्थित गोिामों एवं झारख्ቄ रा्ቋ में कायारत कमाचाररयों की सेवाए की ्ቚदिया सक्ቜ सं्ቅा 223. दिनांक 31.01.2011 ्ቛारा की गयी है। झारख्ቄ रा्ቋ खा्ቕ दनगम अपने आयኚᮌोत से अपने कदमायों का वेतन भुगतान करता है। यह दनगम शैशव काल में है साि ही उसकी आदिाक ़्थिदत उतनी सुदृढ नही है. दजसके आिार पर 4195 करोड़ रूपये का िादय् भार दबहार सरकार को िे सके । 5. दबहार रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम दलदमटेड के दव्ቈीय आ़्ियों एवं िादय्ों के बँटवारे के िम में नव सृदजत झारख्ቄ रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम को 4195 करोड़ रूपये के िादय् भार का वहन झारख्ቄ सरकार ्ቛारा दकया जायेगा। यह रादश झारख्ቄ रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम दलदमटेड, राँची को उपल्ቓ करायी जायेगी एवं दनगम इसे दबहार रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम दलदमटेड / दबहार सरकार को उपल्ቓ करायेगी । रादश तृतीय अनुपूरक के यह मा्ቖम से योजना के मि मु्ቅशीर्ा-3456- दसदवल पूदता-00-190 - सावाजदनक ्ቌे्ቔ के तिा अ् उपिमों को सहायता उपशीर्ा से झारख्ቄ रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम दलदमटेड ्ቛारा दबहार रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम दलदमटेड को एकमु्ቚ रादश उपल्ቓ कराना -0679-से दकया जायेगा । 6. भारत सरकार, गृह मं्ቔालय के आिेश सं्ቅा 12012/25/2004-SR. दिनांक 16.12.2005 की कं दडका (iii) में दिये गये दनिेश के आलोक में दवभागीय प्ቔांक 819, दिनांक 18.04.2006 ्ቛारा दबहार सरकार को सूदचत दकया गया िा दक झारख्ቄ रा्ቋ में कायारत दनगम के उन्ीं पिादिकाररयों एवं कमाचाररयों को ्ऽीकार दकया जायेगा, जो दिनांक 14.11.2000 को झारख्ቄ रा्ቋ में पिथिादपत िे। दवभागीय संक्ቜ सं्ቅा 223, दिनांक 31.01.2011 में दिनांक 31.08.2010 को रा्ቋ में कायारत 352 कदमायों की सेवा लेने का उ्ቤेख है पर्ቌु दिनांक 14.11.2000 के बाि रा्ቋ में कायारत एवं दिनांक 31.08.2010 से पहले सेवादनवृत कदमायों के सेवादनवृत लाभ के संबंि में दनर्ाय नही ं दलया जा सका है। इस पररपेኚ᭻ में दबहार रा्ቋ खा्ቕ दनगम के कदमायों जो दिनांक-14.11.2000 या उसके बाि झारख्ቄ रा्ቋ में कायारत है / रहें है उन्ें सेवादनवृदत लाभों का भुगतान झारख्ቄ रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम राँची ्ቛारा दकया जाना अपेद्ቌत है। उ्ሹ पररपेኚ᭻ में यह सै्ቍा़््ቌक रूप से दनर्ाय दलया गया है दक झारख्ቄ रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम दलदमटेड से वैसे कमी जो दिनांक 14.11.2000 के बाि झारख्ቄ रा्ቋ में पिथिादपत िे, एवं उन्ें सेवादनवृदत का लाभ ्ቚा् नही ं हुआ है, उन्ें िेय सेवादनवृदत लाभ का भुगतान झारख्ቄ रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम ्ቛारा दकया जाय। अगर आव्ብक हो तो झारख्ቄ रा्ቋ खा्ቕ एवं असैदनक आपूदता दनगम दलदमटेड, रांची स्ቌम ्ቚादिकार से अनुमोिन ्ቚा् कर सकती है।“ 16. It is evident from going through the stipulation made at paragraphs-3, 5 and 6 that a conscious decision of fixing of cutoff date has been arrived at 9 by which the cutoff date of 14.11.2000 has been fixed for apportionment of the asset and liability in between the two corporations, meaning thereby, on or after 15.11.2000 whatever the liability will be, the same will be borne by the Jharkhand State Food & Civil Supplies Corporation Ltd. while the liability prior to 15.11.2000 will be borne by the Bihar State Food & Civil Supplies Corporation Ltd. subject to its adjustment at the time of apportionment of asset and liability. 17. The admitted fact herein is that the writ petitioner was working under the Bihar State Food & Civil Supplies Corporation Ltd. the day when the recommendation of 5th Pay Revision Committee was adopted, i.e., w.e.f. 01.01.1997. The benefit had not been paid and in the meanwhile, the Bihar Reorganization Act, 2000 came into being, thereafter, both the corporation have raised an issue by denying the liability of their part. Finally, the writ petitioner approached to this Court by filing writ petition by taking aid of the resolution dated 04.02.2016 more particularly, by relying upon the decision taken at paragraph-3, 5 and 6. 18. The learned Single Judge has passed the order directing the Jharkhand State Food & Civil Supplies Corporation Ltd. to make payment of the entire liability with the liberty to the Jharkhand State Food & Civil Supplies Corporation Ltd. for its reconciliation from the Bihar State Food & Civil Supplies Corporation Ltd. It has been contended that the said direction of making payment of the entire dues by the Jharkhand State Food & Civil Supplies Corporation Ltd. is in the teeth of the resolution dated 04.02.2016. 19. We are not in disagreement with such submission since both the corporations have arrived at an agreement with a decision of accepting the liability after 15.11.2000 by the Jharkhand State Food & Civil Supplies Corporation Ltd. and prior to 15.11.2000 by the Bihar State Food & Civil Supplies Corporation Ltd. The aforesaid decision is by way of resolution by the State of Jharkhand and as such, the same is considered to be under Article 166(3) of the Constitution of India. 20. The question which has been raised about the liability as to why the liability prior to 15.11.2000 is to be borne by the State of Jharkhand. The 10 learned Single Judge has not decided the aforesaid issue by casting liability in entirety upon the Jharkhand State Food & Civil Supplies Corporation Ltd. rather in order to have the legitimate amount in favour of the writ petitioner, the order has been passed so that the concerned employee may not be subjected to harassment, hence, directed the Jharkhand State Food & Civil Supplies Corporation Ltd. to make payment of the entire amount subject to reconciliation from the Bihar State Food & Civil Supplies Corporation Ltd. But, the fact herein is that whether the aforesaid arrangement can be said to be proper and if the same will be said to be proper, will it not be contrary to the decision taken by both the corporations under the resolution. 21. The law is well settled in this regard that when any policy decision is being taken, the Court of Law is only to see its true compliance by the parties and there cannot be any addition or deletion of any word by the Court of Law. If the aforesaid finding of the learned Single Judge will be accepted wherein the direction was passed upon the Jharkhand State Food & Civil Supplies Corporation Ltd. to make payment subject to reconciliation from the Bihar State Food & Civil Supplies Corporation Ltd., the same according to our considered view, will be said to be re- writing the said resolution which will not be proper to be done in exercise of power conferred to this Court under Article 226 of the Constitution of India. But, this Court, is of the view that the learned Single Judge has prompted to take decision in order to facilitate the claim of the writ petitioner so that he may be paid the benefits within the reasonable time and there may not be any delay in the same but even accepting the same might be the reason then also this Court is of the view that the Court of Law is to go by the decision taken by the State and there cannot be any interference. 22. This Court, further, is of the view that the claim since has been admitted by both the corporations, therefore, direction would have been passed by the learned Single Judge also by directing the Jharkhand State Food & Civil Supplies Corporation Ltd. to make payment of the dues of arrears of salary with respect to the period from 15.11.2000 and prior to 15.11.2000 11 by the Bihar State Food & Civil Supplies Corporation Ltd. and only then, it could have been said that the order has been passed in consonance with the resolution dated 04.02.2016, therefore, this Court is of the view that when the writ petitioner is entitled for the said amount then the propriety demands basis upon the resolution dated 04.02.2016 to have a direction upon both the corporations for discharge of their liability, i.e., the Jharkhand State Food & Civil Supplies Corporation Ltd. is to pay on or after 15.11.2000 and prior to 15.11.2000 by the Bihar State Food & Civil Supplies Corporation Ltd. 23. Accordingly, this Court is of the view that the order passed by the learned Single Judge to the extent that the Jharkhand State Food & Civil Supplies Corporation Ltd. is to make payment in entirety in favour of the writ petitioner is hereby modified to the extent that: (i) The Jharkhand State Food & Civil Supplies Corporation Ltd. will disburse the amount in consequence of the revision in pay scale w.e.f. 15.11.2000 along with its consequential benefits; (ii) So far as the amount prior to 15.11.2000 is concerned, the same shall be paid by the Bihar State Food & Civil Supplies Corporation Ltd.; (iii) The said payment either of the corporation will be subject matter of its decision depending upon the apportionment of its asset and liability as agreed in the resolution dated 04.02.2016. 24. This Court, after having discussion as above and coming to the fact of the case, has found that even though the 5th Pay Revision Committee has been adopted from 01.01.1997 but it has not fairly been paid for a long period, i.e., after passing of the order by the learned Single Judge. The learned Single Judge, if, in that circumstances has directed to make payment of the consequential benefit in lieu of the recommendation of the 5th Pay Revision Committee, the same, according to our considered view, cannot be said to suffer from error. 25. At this juncture, Mr. Jitendra Shankar Singh, learned counsel has submitted that since the writ petitioner has retired from territorial 12 jurisdiction of the State of Jharkhand, as such, there is no service profile available. 26. The same has been considered to be genuine difficulty of the Bihar State Food & Civil Supplies Corporation Ltd., accordingly, Jharkhand State Food & Civil Supplies Corporation Ltd. is directed to send the scanned copy of the service profile of the writ petitioner within a period of four weeks from the date of receipt of copy of the order to the Bihar State Food & Civil Supplies Corporation Ltd. 27. The Jharkhand State Food & Civil Supplies Corporation Ltd. is directed to make payment from 15.11.2000 till his date of retirement within a period of eight weeks from the date of receipt of copy of the order. 28. The Bihar State Food & Civil Supplies Corporation Ltd. is to disburse the amount prior to 15.11.2000 within further period of eight weeks. 29. Accordingly, the instant appeal stands disposed of with the aforesaid directions and observations. 30. Pending interlocutory application(s), if any, also stands disposed of. Saurabh/- A.F.R. (Sujit Narayan Prasad, J.) (Navneet Kumar, J.)