IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7942 of 2006 Jwala Prasad son of Late Tipan Singh, Resident of Village/ Mohalla Saket Vihar, Mitra Mandal Colony, Anisabad, P.O. Anisabad, Police Station Phulwari, District Patna Versus 1. The Patna Municipal Corporation through the Chief Executive Officer, Budh Marg, P.O. – G.P.O., Patna-1 2. The Deputy Chief Executive Officer, Patna Municipal Corporation, Budh Marg, P.O.- G.P.O., Patna-1 For the Petitioner :Mr. Mahendra Pd. Gupta, Advocate For the PMC :Mr. Chandra Shekhar, Sr. Advocate & Dr. Poonam Kumari Singh, Advocate 07/ 24.09.2010 Heard learned counsel for the petitioner and the counsel for the Patna Municipal Corporation (hereinafter referred to as the PMC). 2. It is submitted on behalf of the petitioner that petitioner was initially appointed as Scavenger in the PMC, but considering the satisfactory service rendered by him, the then Deputy Administrator promoted him on the post of Miscellaneous Licence Inspector under office order, bearing Memo No. 36 dated 9.1.2000, Annexure-1. In spite of being promoted as Miscellaneous Licence Inspector under office order, bearing Memo No. 36 dated 9.1.2000, Annexure-1, petitioner is not getting salary of the said post. It is further submitted on behalf of the petitioner that he be paid arrears of difference of salary of the post of Miscellaneous Licence Inspector in the light of the order dated 9.1.2000, Annexure-1. - 2 - 3. Counsel for the PMC states that the then Deputy Administrator picked up the petitioner and granted him promotion without considering the case of other Scavengers senior to him. Although petitioner is discharging the duties of the post of Miscellaneous Licence Inspector, there are other Scavengers who are senior to him, are still serving as Scavenger. 4. Assuming the submission of the counsel for the PMC to be correct, the PMC should have taken steps for recall of the order dated 9.1.2000, Annexure-1, but as the said order has not been recalled till date and petitioner is serving as Miscellaneous Licence Inspector, I have no option, but to direct the PMC to pay arrears of difference of salary to the petitioner of the post of Miscellaneous Licence Inspector until order dated 9.1.2000, Annexure-1 is recalled by the PMC in accordance with law. 5. Necessary compliance of my order be made by the Municipal Commissioner, Patna within three months from the date of receipt/ production of a copy of this order. 6. The writ petition is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)