IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.767 of 2011 In Civil Writ Jurisdiction Case No. 3521 of 2010 ====================================================== The State Of Jharkhand through the Principal Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, Ranchi .... Respondent / Appellant/s Versus 1. The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna 2. The Deputy Secretary, Public Health Engineering Department, Government of Bihar, Patna 3. The Principal Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna .... Respondents/ Respondents 1st set 4. Rajendra Prasad, Son of Late Ghuteshwar Harizan, Resident of 204 RLV Aprtment, Punaichak, District- Patnaat present posted as Exectuive Engineer (I/C) Drinking Wter and Sanitation Department, District- Giridiha 5. Yamuna Ram, Son of Late Shanichar Ram, Resident of 204 RLV Apartment, Punaichak, District Patna at present posted as Executive Engineer (I/C) H.R. Drinking Water and Sanitation Department, Jharkhand, Ranchi …. Petitioners/ Respondents 2nd set ====================================================== Appearance : For the Appellant/s : Mr. Satyavrat Verma, Advocate For the State : Mr Jainendra Kr. Sinha, AC to GA 6 For the Respondents 4 & 5 : Mr Anil Kumar Sinha, Advocate ====================================================== 3 11-08-2011 Heard the parties. For the reasons mentioned in the limitation petition (IA No.3426 of 2011), the delay of 169 days in preferring this appeal is condoned. The IA stands allowed. Against the interim order dated 7.10.2010 passed in CWJC No.3521 of 2010, the State of Bihar preferred LPA No.515 of 2011 whereas the present appeal has been preferred by the State of Jharkhand. Patna High Court LPA No.767 of 2011 (3) dt.11-08-2011 2 In other LPA, a Division Bench has already modified the interim order and disposed of the appeal on 1.4.2011. The order of the learned single Judge has been modified to the extent that the Additional Pay should be allowed by the State Government at the rate of 20% from the date of assumption of charge till the date of holding the said additional charge. If such payment has not been made it should be made subject to result of the writ application. On behalf of the appellant it was pointed out that an objection was raised on behalf of the State of Jharkhand as to the maintainability of the writ petition but the learned single Judge left that issue to be decided at the time of hearing. We do not find any illegality in the decision of the learned single judge that maintainability shall be decided at the time of hearing. The interim order as modified in the other LPA does not require any interference. This appeal is disposed of in terms of order passed in LPA No.515 of 2011. sk (Shiva Kirti Singh, J) (Amaresh Kumar Lal, J)