IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9461 of 2005 Anil Kumar, son of Late Sukhdeo Prasad, resident of Mohalla Budha Bihar Colony, P.S. Agam Kuan, P.O. Housing Colony, District Patna Versus 1. The Patna Municipal Corporation, through the Chief Executive Officer, Budha Marg, Patna 2. The Deputy Chief Executive Officer, Patna Municipal Corporation, Patna 3. The Chief Accounts Officer, Patna Municipal Corporation, Patna 4. The Executive Officer, Patna City Circle, Patna Municipal Corporation, Patna For the Petitioner :M/s Hemendra Prasad Singh & Ramendra Prasad, Advocates For the PMC :Mr. Chandra Shekhar, Sr. Advocate & Dr. Poonam Kumari Singh, Advocate 05/ 24.09.2010 Heard learned counsel for the petitioner and the counsel for the Patna Municipal Corporation (hereinafter referred to as the PMC). 2. It is submitted on behalf of the petitioner that petitioner was initially appointed as Scavenger in the PMC, but considering the satisfactory service rendered by him, the then Administrator promoted the petitioner on the post of Assistant under office order no. 1, bearing Memo No. 38 dated 8.5.1995, Annexure-5. In spite of being promoted as Assistant, petitioner is not getting salary of the post of Assistant. It is further submitted on behalf of the petitioner that he be paid arrears of - 2 - difference of salary of the post of Assistant in the light of the order dated 8.5.1995, Annexure-5. 3. Counsel for the PMC states that the then Administrator, Sri R.C.P. Sinha picked up the petitioner and granted him promotion without considering the case of other Scavengers senior to petitioner. Although petitioner is discharging the duties of the post of Assistant, there are other Scavengers who are senior to him, but they are still serving as Scavenger. 4. Assuming the submission of the counsel for the PMC to be correct, the PMC should have taken steps for recall of the order dated 8.5.1995, Annexure-5, but as the said order has not been recalled till date and petitioner is serving as Assistant, I have no option, but to direct the PMC to pay arrears of difference of salary to the petitioner of the post of Assistant until order dated 8.5.1995, Annexure-5 is recalled by the PMC in accordance with law. 5. Necessary compliance of my order be made by the Municipal Commissioner, Patna within three months from the date of receipt/ production of a copy of - 3 - this order. 6. The writ petition is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)