IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3298 of 2010 1. MANOJ KUMAR VERMA S/O LT. NAGESHWAR PRASAD VERMA R/O OF AT&P.O.OMNAGAR,WARD NO.8,P.S.&DISTT-ARARIA Versus 1. THE STATE OF BIHAR 2. SECRETARY,DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFOMS BIHAR,PATNA 3. THE DIVISIONAL COMMISSIONER PURNEA DIVISION,PURNEA 4. THE DISTRICT MAGISTRATE ARARIA 5. THE DISTRICT ESTABLISHMENT DY. COLLECTOR ARARIA ----------- 2. 09.09.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner claims to have been appointed as Orderly Peon on 18.12.1999 under the pen of the District Magistrate. He claims to be working in the Araria Collectorate as Steno Typist in addition to his duties as a Peon. He claims salary of Steno Typist. The second submission is that for long years the respondents are not holding necessary examination for promotion against the quota of seats from Class IV to Class III. Counsel for the State points out that if the petitioner was discharging duties of Steno Typist in addition to his substantive duties he may at best be entitled to allowance under Rule 103 of the Bihar Service Code to be decided in accordance with the Finance Department circular in respect thereof. The issues involved appear to be purely administrative. Let the petitioner represent before the District Magistrate who shall decide his claim for allowance under Rule 103 of the Bihar Service Code along with the claim for interest that the petitioner may raise before him. Let it be done within a maximum period of four months from the date of filing of the representation. If the District Magistrate finds justification in the claim or any part of the claim it is expected that necessary consequential orders along with payment shall be complied during the same period. If there be rules for holding departmental examination for promotion in a specified quota from Class IV to Class III the rules are meant to be complied. Let this aspect of the matter be examined by the Divisional Commissioner and necessary steps in accordance with law taken for holding such examination at the earliest without unnecessary delay. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)