CIVIL WRIT JURISDICTION CASE No.10962 OF 1996 In the matter of an application under Article 226 of the Constitution of India. UMA KANT JHA Son of Shri Ramchandra Jha, resident of village Dauda, Police Station Manigachhi, District- Darbhanga. ------------ Petitioner. Versus 1. THE BIHAR STATE SMALL INDUSTRIES CORPORATION through its Chairman, Indira Bhawan, Ramcharitra Path, Patna 2. The Managing Director, The Bihar State Small Industries Corporation, Indira Bhawan, Ramcharitra Path, Patna. ------------ Respondents. For The Petitioner :SHASHI RANJAN KR.SINHA For The Respondent :UMA KANT SINGH P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. Nobody appears for the petitioner. This is the fourth round of litigation by the petitioner. The petitioner earlier on two occasions had filed writ applications claiming that he should be appointed as the Managing Director of the Bihar State Small Scale Industries Corporation (hereinafter referred to as the ‘Corporation’). On both occasions the matter was remanded to the Corporation for consideration of his case. The Corporation eventually rejected the claim of the petitioner to be appointed as a regular Managing Director of the Corporation. Thereafter the petitioner filed CWJC No. 11397 2 of 1993 claiming that the Corporation ought to pay him special pay in terms of Rule 103 of the Bihar Service Code for working as a Managing Director in addition to his own work. The petitioner has been working or performing the duties of the Managing Director since 9.5.1983 and accordingly the Court ordered that the Corporation should pay him the special pay w.e.f. 9.5.1983 from the date of his retirement. In the present writ application the petitioner claims that he would be entitled to be paid Rs. 65,000/- as special pay/allowance instead of which he has been paid Rs. 7,750/-. It is said that the payment is not in accordance with the direction of this court. The Corporation has fixed Rs. 250/- per month as allowance whereas the claim of the petitioner is that the amount should be Rs. 500/- per month. Note IV of Rule 103 clearly states that “The extra remuneration admissible under clause (b) of this rule should not ordinarily exceed 20 per cent of the presumptive pay of the post whose duties the Government servent is performing.” Further the 3 clarification given in this regard to Rule 103 envisages that “In no case the Additional Pay alone or the total of Additional pay plus special pay should exceed Rs. 250/- per month.” In view of the provisions aforesaid, I find no merit in the writ application. This application is accordingly dismissed. Patna High Court, 11th November, 2008 Sanjay/N.A.F.R. (Sheema Ali Khan, J.)