IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3724 of 2007 Devendra Prasad, SON OF SRI BIKNESHWAR PRASAD, RESIDENT OF MOHALLA EAST OF SECTOR-8 AND BEHIND INCOME TAX COLONEY, BAHADURPUR HOUSING COLONY, AT PATNA, P.S. AGAM KUAN DISTRICT PATNA, AT PRESENT REGIONAL JOINT DIRECTOR (DAIRY), REGIONAL DAIRY DEVELOPMENT OFFICE, CENTRAL ZONE, PATNA :---PETITIONER. Versus 1. The State Of Bihar THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE COMMISSIONER-CUM-SECRETARY, ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT (DAIRY DEVELOPMENT), BIHAR, PATNA. 3. THE DIRECTOR (DAIRY), DAIRY DEVELOPMENT DIRECTORATE, BIHAR, PATNA :--- RESPONDENTS. ---------------------------------- For the petitioner : Mr. Binit Kumar, Advocate. For the State : Mr. Ashok Kumar Pathak, A.C. to G.P. XI. ====== 4. 23.09.2011. Counsel for the State has filed first, second supplementary counter affidavit. Both the affidavits are taken on record. 2. This writ petition has been filed praying, inter alia, to direct the State- respondents to pay the petitioner arrears of difference of salary of the higher post of Deputy Director, Joint Director, Dairy Development with effect from the date petitioner held those post until the date of his superannuation i.e. 31st July, 2008. 3. From the counter affidavit it appears that petitioner was allowed to hold the aforesaid two posts at the relevant time but he was not paid the salary of the higher post as necessary vigilance clearance was not given. 2 4. Petitioner having retired with effect from 31st July, 2008 holding the higher post, as such, in view of the retirement of the petitioner vigilance clearance is not necessary. He should be paid the arrears of difference of salary of the promoted post of Deputy Director and Joint Director for the period during which he held those posts until his retirement, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order before the Director, Dairy Development. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)