IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6211 of 2006 NAMONATH MISHRA Versus THE STATE OF BIHAR & ORS ----------- 02. 10.11.2010 Annexure-8 is the notification/order No. 1474 dated 2.9.2006, which has been issued by the Joint Secretary, Water Resource Department, Government of Bihar, granting benefit of 20% extra pay to the petitioner for having shouldered higher responsibility of the post in question. A direction has been issued to pay this amount in favour of the petitioner and the Accountant General has been intimated about the same. To that extent there is no dispute that the petitioner was entitled to this benefit and he has been given the benefit. Grievance of the petitioner is that while issuing Annexure-8 the respondents have applied the recent circular dated 28.11.2005 issued by the Department of Finance by virtue of which the respondents have limited that extra pay to Rs.250 only. According to the counsel for the petitioner, this circular is not applicable to him because when claim and entitlement arose, it is the circular annexed as Annexure-B to the counter affidavit of the State dated 22nd February, 1988, which occupied the field. There was no limit on 20% of basic pay which the employee was entitled to. Even otherwise in terms of 2005 notification the scheme is prospective in nature and not retrospective. The writ application is disposed of with a direction upon the Joint Secretary, Water Resource Department, Government of Bihar that he shall issue the necessary corrigendum in relation to notification 2 no. 1474 dated 2.9.2006 to the extent that limit of Rs.250 which has been placed in the said notification will stand removed and fresh authorization for payment of 20% of the basic pay will be issued in favour of the petitioner preferably within a period of three months from the date of communication/production of a copy of this order. The writ application stands disposed of in light of the above. rkp ( Ajay Kumar Tripathi, J.)