IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7124 of 2011 Mithlesh Kumar Singh, s/o- late Ram Dular Singh, r/o- village & P.O.- Phuhan, P.S.- Barhara, District- Bhojpur at Arrah, at present posted as Lower Division Clerk, Bihar Rajay Jal Parishad, West Boring Canal Road, Rajapur Pool, Patna-1 ………. Petitioner Versus 1. The State Of Bihar through the Chairman-cum-Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2. The Managing Director, Bihar Rajay Jal Parshad, West Boring Canal Road, Rajapur Pool, Patna-1. 3. The Secretary, Bihar Rajay Jal Parshad, West Boring Canal Road, Rajapur Pool, Patna-1. …. Respondents For the petitioner : Mr. Nityanand Mishra, Advocate For the State : Mr. Sunil Kumar, A.C. to G.P. 23 For the Jal Parshad : Mr. Indrajeet Singh, Advocate. ----------- 3 18.07.2011 Petitioner has prayed for a direction upon the respondents to pay him salary of the promoted post. It is the case of the petitioner that he was promoted to Class III post w.e.f. 15.3.2005 (Annexure-1) Heard learned counsel for the petitioner and learned counsel for the respondent Bihar Rajya Jal Parishad (for short “ the Parishad”). According to the petitioner, he was considered and promoted to the post of Class-III from Class-IV after preparation of a panel and approval thereof by the Establishment Committee. An order to this effect was passed on 15.3.2005 (Annexure-2). The grievance of the petitioner is that he has not been paid salary of the said post. Learned counsel for the petitioner fairly states that during the pendency of this application, he has been called 2 upon by a communication to explain the validity of such order or promotion (Annexure-2) by filing show cause. It is the stand of the petitioner that he would be filing reply thereto but this Court may direct the respondents to pay salary for the period he has already worked on Class-III post pursuant to Annexure-2. Learned counsel for the Parishad submits that the respondents have already issued notice upon the petitioner to submit his show cause against proposed cancellation of the order of promotion contained in Annexure-2. However, the petitioner would be entitled to payment in the scale of the promotional post till the aforesaid order contained in Annexure-2 is modified/annulled/withdrawn after considering the show cause of the petitioner. In my view, a fair stand has been taken by the respondent Parishad . This Court, in that view of the matter, disposes of the application by the following order: Let the respondent Parishad pay the petitioner the benefits of Class-III post in terms of Annexure-2. However, it will not preclude the respondents Parishad to take appropriate decision on the sustainability of the said order (Annexure-2) in accordance with law. pkj ( Kishore K. Mandal, J)