IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.28 of 2008 LAL BABU @ LALL BABU @ LALLU BABU, S/o- Late Dr. Alakh Narain, Bhadra Ghat, P.S.- AlamGanj, P.O.- Gulzarbagh, District:-- Patna-800007:--- Petitioner. Versus 1. THE STATE OF BIHAR, 2. Mr. Ajay Kumar, The Secretary, Science & Technology Department Science & Technology Bhawan, New Secretariat, Government of Bihar, Patna. 3. Mr. Dhrub Prasad, The Director, Science & Technology Bhawan, New Secretariat, Government of Bihar, Patna. 4. Mr. Bhagwan Singh, The Principal, Government Polytechnic, Gulzar Bagh, Patna-7. 5. Sri G.Guha, The Accountant General, Bihar, Patna :---- Respondents. ----------- 04. 21.04.2009. Heard learned counsel for the petitioner and the State. Principal, Government Polytechnic, Gulzarbagh, Patna, Opposite Party No.4 has filed show-cause wherefrom it appears that petitioner has been granted the two time bound promotions but the difference of salary between the lower post of Instructor and higher post of Foreman has not been allowed as according to the Principal, Opposite Party No.4 petitioner was drawing higher pay in the scale of Instructor on 31.1.1994 and if he was already drawing higher pay on the lower post then according to the Principal he could not have been allowed the difference of salary between the lower post and the higher post as on that day in the scale of the higher post of Foreman he would have been paid Rs. 1500/- which was lower than the salary paid to him in the scale of Instructor i.e. Rs. 2540/-. Such interpretation for fixation of salary on the higher post by the Principal cannot be countenanced in view of the provisions of the Bihar Service Code which enjoins the authorities to grant - 2 - pay protection at the time of fixation of salary on the higher post. In the circumstances, I direct the petitioner to represent before the Principal, Government Polytechnic, Gulzarbagh, Patna, Opposite Party No.4 with reference to the appropriate provisions in the Bihar Service Code as also under the pay fixation rules, which representation should be considered and disposed of by the Principal as early as possible, in any case within a period of one moth from today and if the Principal appreciates the contention of the petitioner then within the same time the Principal should not only pass a reasoned order but also ensure payment of the difference of salary to the petitioner. It is, however, made clear that in the event Principal again reiterates the position which he has taken while preparing chart, Annexure-A then it shall be open to the petitioner to approach this Court again by filing writ petition. In the event representation is allowed then appropriate correction in regard to the pensionary benefits of the petitioner should also be made within the same time. With the aforesaid observation and direction, this contempt application is disposed of. P.K.P. (V.N.Sinha,J.)