IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16636 of 2010 Kapildeo Sharma, Son of Late Ganga Singh, resident of village Paroria, Police Station Muffasil, District Gaya Versus 1. The State Of Bihar 2. The Secretary, Panchayati Raj Department, Government of Bihar, New Secretariat, Patna 3. The Director, Panchayati Raj Directorate, Government of Bihar, New Secretariat, Patna 4. The Zila Parishad, Gaya through its Chairman 5. The Chairman, Zila Parishad, Gaya 6. The District Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Gaya ----------- 03/ 03.11.2010 Heard learned counsel for the parties. Petitioner superannuated while serving as District Engineer of Zila Parishad, Gaya with effect from 31.1.1999. He has filed the writ petition questioning the correctness of the order dated 27.10.2009, Annexure-6, whereunder his request for payment of officiating allowance for holding the higher post of District Engineer has been rejected on the ground that his case is not covered by Rule 103 of the Bihar Service code, as he never held two posts i.e. inferior post of Assistant Engineer and higher post of District Engineer together. I do not see any illegality in the order impugned, accordingly, the challenge to the order dated 27.10.2009, 2 Annexure-6 passed by the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Gaya is rejected. However, while dismissing the writ petition, this Court noticed that a sum of ` 1,80, 408/- towards the terminal benefits of the petitioner is still due with the authorities of the Zila Parishad, Gaya, as is evident from the information given to the petitioner in form (Gh) dated 26.11.2009, Annexure-8 to the writ petition. Petitioner having superannuated in January, 1999 the aforesaid amount should have been paid to him earlier and in consideration of such fact it is directed that the athorities of the Zila Parishad, Gaya should pay the same to the petitioner within two months from the date of receipt/ production of a copy of this order. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)