IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2522 of 2007 Shyam Prasad Choudhary S/O late Sita Choudhary resident of village/ Mohalla- Old Jakkanpur, P.O. G.P.O. Patna, P.S. Jakkanpur, District Patna …………. Petitioner Versus 1. The State Of Bihar through its Chief Secretary, Old Secretariat Building, Patna 2. The Commissioner-cum- Secretary to Govt. in the Department of Public Health Engineering, Bisheshwaraiya Bhawan, Bailey Road, Patna 3. The Joint Secretary to Govt. in the Department of Public Health Engineering, Bisheshwaraiya Bhawan, Bailey Road, Patna 4. The Engineer-in-Chief cum Special Secretary, in the Department of Public Health Engineering, Bisheshwaraiya Bhawan, Bailey Road, Patna 5. The Chief Engineer, PHED, Bisheshwaraiya Bhawan, Bailey Road, Patna 6. The Commissioner-cum Secretary, in the Department of Finance, Old Secretariat, Patna 7. Accountant General, Bihar, Patna. Virchand Patel Marg, Patna ….. ….. Respondents ---------------------------------- For the Petitioner :Mr. Lalan Kumar Singh, Advocate For the State :Mr. D.K. Prasad, G.P.-7 For the Accountant General :Mr. Ranjan Kumar, Advocate 02 26.08.2011 Heard learned counsel for the petitioner and the State. Petitioner superannuated while serving as Superintending Engineer with effect from 31.1.2003. He has filed this writ petition challenging the order bearing Memo No. 38 dated 25.1.2006, Annexure-15 whereunder direction has been made to grant the petitioner officiating allowance of the higher post of 2 Superintending Engineer for the period between 1.9.1995, the date on which petitioner began to officiate on the post of Superintending Engineer till the date of his promotion on the said post i.e. 1.3.1997. It is submitted on behalf of the petitioner that his other junior colleagues have been promoted as Superintending Engineer with effect from the date of their officiation on the post of Superintending Engineer i.e. with effect from 1.3.1997 and petitioner should also be allowed promotion on the post of Superintending Engineer with effect from 1.9.1995, the date of his officiation. Other junior colleagues of the petitioner have been promoted on the post of Superintending Engineer from the date of their officiation on the post of Superintending Engineer i.e. 1.3.1997. Petitioner is, therefore, entitled for promotion on the post of Superintending Engineer with effect from 1.3.1997. He should, however, be paid officiating allowance for officiating on the higher post of Superintending Engineer for the period between 1.9.1995 – 1.3.1997 and from 1.3.1997, the date from which other junior 3 colleagues of the petitioner have been promoted as Superintending Engineer, petitioner should be paid salary of the post of Superintending Engineer. The impugned order bearing Memo No. 38 dated 25.1.2006, Annexure-15 is modified to the aforesaid extent directing the State- respondents to pay the petitioner officiating allowance of the post of Superintending Engineer for the period between 1.9.1995 – 1.3.1997 and arrears of difference of salary of the post of Superintending Engineer from 1.3.1997 after adjusting the officiating allowance of 25% paid to the petitioner between 1.3.1997 – 1.8.1999. Petitioner has already superannuated from service. Accordingly, necessary compliance of this order be made within two months from the date of its receipt/ production before the Principal Secretary of the Department. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)