IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3383 of 2005 ====================================================== Md.Alamgir, son of Late Sakhawat Ali, r/o- Mohalla- Barahpura, Ramjan Ali Lane, Purab Tola, P.S.- Isakchak, District- Bhagalpur, at present working as Typist-cum-Clerk, Bhagalpur Municipal Corporation, Bhagalpur. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Collector, Bhagalpur. 3. The Bhagalpur Municipal Corporation, Bhagalpur, through its Chief Executive Officer. 4. The Mayor, Bhagalpur Municipal Corporation, Bhagalpur. 5. The Chief Executive Officer, Bhagalpur Municipal Corporation, Bhagalpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Prasad Singh Mr. Dr.Shashikala Shukla For the Respondent/s : Mr. Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 7 09-11-2011 Heard learned counsel for the petitioner and Mr. Manish Kumar, learned counsel for the Bhagalpur Municipal Corporation ( for short “ the Corporation”). By filing the present application, petitioner seeks a direction upon the respondents to pay him current as well as arrears of salary in the pay-scale of Clerk-cum-Typist. It is the case of the petitioner that he was initially appointed as Peon whereafter considering his excellent work and representation filed in this regard , the Administrator of the Corporation promoted him Patna High Court CWJC No.3383 of 2005 (7) dt.09-11-2011 2 to the post of Clerk. The said order was passed sometimes in the year 1988. It is contended that this Court may direct payment of salary admissible to the post in question. A counter affidavit has been filed on behalf of the respondent Corporation wherein the aforesaid stand of the petitioner has been controverted. It is contended that the petitioner was always treated as Peon till 26.8.2011 when he along with several other eligible employees of the Corporation was/were considered and promoted to the next higher posts vide order contained in Memo No. 2440 dated 26.8.2011. Learned counsel for the respondent Corporation handed in a copy of the said order granting promotion to the petitioner and other employees of the Corporation which is taken on record marked “M”. It appears from perusal of Annexure-1 that nobody was considered and based on his representation, the order of promotion was passed. It further appears from the pleadings on record that the said order was not given effect to and petitioner accepted the said position until he filed writ proceeding in the Writ Court in the year 2005. Learned counsel for the petitioner argued that although he was promoted but the monetary benefits of the promoted post are not being offered to him at least w.e.f. 1.8.2011 as per the order contained in Memo No. 2440 dated 26.8.2011. Mr. Manish Patna High Court CWJC No.3383 of 2005 (7) dt.09-11-2011 3 Kumar, learned counsel submits that the petitioner is entitled to all the privileges attached to the said post including the payment of salary admissible to the post w.e.f. 1.8.2011. Having heard the parties and on going through the pleadings on record, this Court is satisfied that the matter be consigned recording the aforesaid stand of the respondent Corporation. I order accordingly. PANKAJ KUMAR/- (Kishore K. Mandal, J)