IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1460 of 2005 RAM KUMAR PRASAD SON OF LATE MOTI MAHTO RESIDENT OF MOHALLA GHUGRI TAND P.S. CIVIL LINES, DISTRICT GAYA. Versus 1. THE STATE OF BIHAR THROGUH SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR, DEPARTMENT OF SCIENCE AND TECHNOLOGY, BIHAR, PATNA. 3. PRINCIPAL, GOVERNMENT POLYTECHNIC GAYA. 4. THE SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. ----------- 4 18/08/2010 Petitioner has made a grievance that he is not being paid annual increment at the rate of Rs.150/- by the respondents despite a clarification issued by the Department of Finance as contained in annexure-3. Petitioner is working as a Laboratory Assistant and is posted in Government Polytechnic, Gaya. He has been given revised pay scale in terms of the recommendations made by the Pay Revision Committee from 1.1.1996 but is not being given increment which he claims is entitled to. The respondents in the counter affidavit have stated that the reason for non payment of increment is his failure to produce Diploma certificate to claim benefit of increment as per direction of the Finance Department contained in - 2 - Resolution No. 660(F/2) dated 8.2.1999. Annexure-3 does not in any way dilute or take away the earlier resolution no. 660. In so far as annexure-3 is concerned, it is only a clarification that the expression Diploma used earlier has no application to B.Sc. degree because a person having B.Sc. degree does not have a Diploma qualification. It is not a case of the petitioner that he is a degree holder and is entitled to the benefit of resolution no.660 issued by the Finance Department which is not applicable to the petitioner due to annexure-3. His claim for grant of increment is due to his non production of Diploma certificate before the competent authority since he is working as Laboratory Assistant and notification dated 8.2.1999 is still applicable to him. This writ application has no merit. It is dismissed accordingly. AMIN (Ajay Kumar Tripathi, J.)