IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4115 of 2005 SAVITRI AGRAHARI Versus THE STATE OF BIHAR & ORS ----------- 6 9.7.2008 Heard learned counsel for the petitioner and the State. This writ petition has been filed for a direction to the respondents to grant deputation allowance @ 20% to the petitioner on her basic pay for the period during which she was on deputation as Registrar in the Bihar Nurses Registration Council, Patna. The petitioner has further prayed that leave should be credited in her account so that she may get the benefit of earned leave after her retirement. The petitioner was posted on deputation as Registrar in the Bihar Nurses Council by order, dated 28.9.1996 a copy of which is at Annexure 1 to this writ petition. The petitioner was sent back to her original post as Senior Sister Tutor at Gopalganj vide memo no.129, dated 28.2.2003. The main grievance of the petitioner is that others who were deputed and posted as Registrar in the Council were granted 20% deputation allowance and their leave was also credited in their account. However, as far as this petitioner is concerned, she was not given this benefit although she made a representation in this regard before the Director-in-Chief, Health Services, Bihar, Patna. A counter affidavit has been filed on behalf of the State but there is no averment or explanation as to why the petitioner would not be entitled to the same benefits as were given to others working on the said post. 2 Relying on Annexure 4, learned counsel for the petitioner submits that Smt.C.V.M. Nazareth, a senior tuitor was allowed the deputation allowance by letter, dated 3.6.1997. Similarly it is submitted that Smt. Sneha Lata Soren was also granted the same benefit vide letter, dated 16.5.1995 a copy of which is at Annexure 4 to the writ petition. Considering the facts that other similarly situated persons as the present petitioner have been granted the benefit of deputation allowance and also the benefit of having leave credited to their account, I do not see any reason why the petitioner should not be given the same benefit as were granted to the aforesaid two persons. In the circumstances I direct the director-in-Chief, Health Services, Bihar, Patna to consider the case of the petitioner in the light of Annexures 4 and 5 to this writ petition and pass appropriate orders within a period of six weeks from the date of receipt / production of a copy of this order. This writ petition is allowed to the extent indicated above. haque (Sheema Ali Khan, J.)