IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11663 of 2001 SMT.DAMYANTI DEVI Versus THE STATE OF BIHAR & ORS ----------- 06 25.09.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner’s husband was substantively holding the post of Statistician in the scale of Rs. 400-660 with effect from 31.03.1971. By an order dated 20.11.1978 as indicated in Annexure-1, in his own pay scale he was transferred on a post bearing the designation Junior Statistical Officer. The husband of the petitioner later died on 15.11.1984 while in harness and petitioner as the widow received pensionery benefits including family pension on the basis of pay-scale to which her husband was legally entitled. After about 17 years, this writ petition has been filed on behalf of the widow to claim a higher pay-scale because of the fact that the petitioner was transferred with effect from 21.11.1978 to a post bearing another designation and a pay-scale of Rs. 455-840. The husband of the petitioner accepted the transfer order which clearly mentioned that he was being transferred to work on his own pay-scale and neither protested nor claimed any higher pay-scale on basis of such transfer. The aforesaid transaction cannot be treated as an order granting promotion to the petitioner to hold the other post in substantive capacity and therefore he cannot claim that he had any fixed tenure to that post so as to claim pay and allowances of that post. In the aforesaid circumstances, Rule 58 of the Bihar Service Code - 2 - cannot have any role to play and Rule 103 of the Bihar Service Code is clearly not applicable because petitioner’s husband was not holding two posts at the same time. Considering all the facts and circumstances, this court finds no good ground to grant any relief to the petitioner. The writ petition is, therefore, dismissed. Sym ( Shiva Kirti Singh, J.)