IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4533 of 2007 JALIM PRASAD YADAV, SON OF LATE DHANUSDHARI RAI, RESIDENT OF MOHALLA PUNAICHAK, NEAR DEVI ASTHAN, P.S. SHASTRI NAGAR, TOWN AND DISTRICT PATNA. Versus 1. THE STATE OF BIHAR 2. SECRETARY, ENERGY DEPARTMENT, GOVERNEMNT OF BIHAR, PATNA. 3. CHIEF ENGINEER, ENERGY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. For the petitioner : M/s Manan Kumar Mishra, Sr.Adv., Amitesh Kumar, Advocate. For the State : Mr. Bijay Kumar Pandey, AC to GP-20. ----------------- 02. 14.10.2011 A counter affidavit on behalf of respondent nos.1 to 3 duly affirmed on 17.01.2008 was filed in this case on 11th February, 2009 but without serving copy thereof on the counsel for the petitioner, however with endorsement dated 17.01.2008 on the notice appended with the counter affidavit that learned counsel for the petitioner is not available. 2. Counsel for the petitioner Sri Amitesh Kumar refuted the endorsement dated 17.01.2008 as incorrect and stated that he is a regular practitioner in the High Court and always attends the Court. 3. In view of the statement made by the learned counsel for the petitioner, I directed the counsel for the State, Sri Vijay Kumar Pandey, AC to 2 GP-20 to pay a cost of Rs.500/- to the counsel for the petitioner but Sri Pandey declined to pay the amount. In such view of the matter, I have no option but to ignore the counter affidavit. 4. Heard learned counsel for the petitioner and the State. 5. During the pendency of the writ petition petitioner superannuated with effect from 1st July, 2009 while serving as Junior Electrical Engineer. Earlier he filed this writ petition praying inter alia to direct the State respondents to pay him the arrears of difference of salary of the post of Sub-Junior Electrical Engineer and the Junior Electrical Engineer for the period between 12.08.1993 till 11.11.1998, during which period he officiated as Junior Electrical Engineer in compliance of the order of the Chief Electrical Engineer, Energy Department, Govt. of Bihar bearing Memo No.2263 dated 12.08.1993, Annexure-1. 6. It is submitted on behalf of the petitioner that he was designated as Junior Electrical Engineer under order of the Energy Department bearing Memo 3 No.4639 dated 11.11.1998, Annexure-4. It is further submitted on behalf of the petitioner that under order bearing Memo No.1113 dated 30.3.2006, Annexure-8 petitioner was promoted as Junior Electrical Engineer with effect from the date of issue of the said order and was paid the salary of the Junior Electrical Engineer with effect from 30.03.2006. It is submitted on behalf of the petitioner that he having continuously officiated as Junior Electrical Engineer with effect from 12.08.1993 until issue of the order dated 30.03.2006 is entitled for officiating allowance of the post of Junior Electrical Engineer for the period between 12.8.1993-11.11.1998 the date from which his post was designated as Junior Electrical Engineer, but from 11.11.1998-30.03.2006 he is entitled for payment of salary of the post of Junior Electrical Engineer as his post was designated as Junior Electrical Engineer with effect from 11.11.1998. 7. Counsel for the State opposed the aforesaid prayer. He submitted that perusal of order dated 11.11.1998, Annexure-4, itself would indicate 4 that in paragraph-2 of the said order it has been clearly stated that petitioner shall be entitled for the benefit of promotion on the post of Junior Electrical Engineer with effect from the date of recommendation of the Departmental Promotion committee. It is further submitted on behalf of the State that from office order bearing Memo No.1113 dated 30.3.2006, Annexure-8 it will appear that Departmental Promotion Committee while considering the case of the petitioner for promotion on the post of Junior Electrical Engineer clearly recommended that petitioner shall be allowed the benefit of promoted post with effect from the date of issue of the order and in the light of the recommendation of the Departmental Promotion Committee order dated 30.3.2006 has been issued with endorsement that petitioner shall be paid the salary of the promoted post of Junior Electrical Engineer with effect from 30.3.2006 from which date he has been paid the salary of the post of Junior Electrical Engineer and the request for payment of arrears of difference of salary of the post of Junior 5 Electrical Engineer for the period between 11.11.1998-30.3.2006 is misconceived. 8. Having heard the counsel for the parties and having considered the contents of office order dated 12.8.1993, Annexure-1, charge report dated 13.8.1993, Annexure-2 and the subsequent office orders dated 11.11.1998, 30.3.2006, Annexure-4, 8, I am of the view that petitioner earlier held the post of Sub- Junior Electrical Engineer but was allowed to officiate as Junior Electrical Engineer under office order dated 12.8.1993, in response whereto he took charge of the post of Junior Electrical Engineer with effect from 13.8.1993 and continued to officiate as Junior Electrical Engineer until he was promoted as Junior Electrical Engineer under office order dated 30.3.2006, wherefrom it is quite evident that the promotion has been allowed to the petitioner on the post of Junior Electrical Engineer from the date of issue of the said order. In view of the contents of aforediscussed orders, I am of the view that petitioner is entitled for officiating allowance as per the provisions of the Bihar Service Code for officiating 6 on the post of Junior Electrical Engineer for the period between 13.8.1993 till 30.3.2006. In this connection, I may again indicate that under office order dated 11.11.1998, petitioner was designated as Junior Electrical Engineer but in paragraph-2 of the said order it is clearly stated that petitioner shall be allowed the benefit of promotion and the designation of the post of Junior Electrical Engineer with effect from the date of recommendation of the Departmental Promotion Committee. 9. In view of my findings above, Chief Electrical Engineer, Energy Department, Govt. of Bihar, Patna is directed to pay the arrears of officiating allowance of the post of Junior Electrical Engineer to the petitioner for the period between 13.8.1993 till 30.3.2006 as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Chief Electrical Engineer. 10. The writ application is, accordingly, disposed of. AFR Rajesh/ ( V. N. Sinha, J.) 7