IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5067 of 1996 SRI RAM NARAIN CHOUDHARY Versus THE STATE OF BIHAR & ORS Shri Ram Narain Choudhary, son of Shri Ram Rijhan Choudhary, Resident of village- Navkarhi, P.S.Arer, P.O. Navkarhi, District- Madhubani. ----------Petitioner. -Versus- 1. The State of Bihar. 2. The Director of Education (Secondary Education), New Secretariate, Patna. 3. The Regional Deputy Director of Education, Darbhanga Range, Darbhanga. 4. Shri Ram Ashrey Choudhary, senior most Teacher, High School, Aktara, P.S. Arer, District-Madhubani. ---------Respondents. ----------- 6. 10.11.2008. The petitioner claims that he should be given officiating allowance permissible to the post of a Headmaster of High School, Aktara in the district of Madhubani. The petitioner took over charge as Headmaster of the said School by an order passed by the District Education Officer, Madhubani. The submission on behalf of the petitioner is that in accordance with Rules 89 and 103 of the Bihar Service Code, the petitioner would be entitled to payment of compensatory allowance for working on a higher post and discharging the duty of the said post. Learned counsel also relies on the order passed by this Court on 15.7.1991 in C.W.J.C. No. 2670 of 1983( R )on the basis of which one Sri Rajendra Prasad Singh was also given the same benefit. I, accordingly, direct the District Superintendent of Education, Madhubani to pass appropriate order within one month on receipt/production of a copy of this order and recommend the case of - 2 - the petitioner to the Director of Secondary Education, New Secretariate, Patna, for grant of officiating allowance on the post of the Headmaster. The Director, Secondary Education, Bihar, Patna, should pass appropriate orders and send it to the appropriate authority for payment to the petitioner. The Director, Secondary Education, Bihar, Patna, is required to complete all formalities so that the payment should be made to the petitioner within a period of four months on receipt of recommendation of the District Superintendent of Education, Madhubani. This writ application is disposed of with the aforesaid directions. U.K. (Sheema Ali Khan,j)