IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12101 of 2009 DINANATH RAM s/o late Rudal Ram, Assistant, Revenue Section, at Nutan Rajdhani Anchal, Patna Municipal Corporation, resident of Mohalla- Yarpur Ambedkar Colony, Khagaul Road, P.S. Gardanibagh, District-Patna. Versus 1. THE STATE OF BIHAR through the Secretary, Urban Development,Patna. 2. The Patna Municipal Corporation through its Commissioner, Patna Municipal Corporation. 3. The Executive Officer, Nutan Rajdhani Anchal, Patna Municipal Corporation,Patna. ----------- 2 15.9.09 Petitioner is substantially a Class IV employee under Patna Municipal Corporation. Being literate, since 1996 , it is alleged that he has been made as an Assistant. Petitioner’s grievance is that he is not being regularized on the said post though he has been working there for more than a decade. His further grievance is that having worked on a post having higher responsibility and higher remuneration, he is not even being paid deputation allowance for all these years. So far as second point is concerned, petitioner’s right cannot be disputed. If he is a Class IV employee and is being made to do the work of Class III employee as an Assistant, then the Corporation is under legal obligation to pay such allowance which he would be entitled to get as a matter of right treating him to be on deputation on higher post involving emoluments, duty and responsibility. Thus, so long, the petitioner has been made to work as an 2 Assistant, the Corporation would be obliged to make payment , as aforesaid. Coming to the question of regularization on the said post, it is for the Corporation to consider the same. The petitioner may make a representation, which would be considered by the Corporation keeping in view that work has been taken from the petitioner on the post of Assistant for over one and a half decade without any complaint. Petitioner is otherwise also qualified for the said post. This post is sanctioned and vacant post. The decision would be taken by the Corporation in this regard within one month of such a representation being filed. So far as payment, as noted above, is concerned, that should be calculated in detail and paid to the petitioner also within a period of one month from the date of filing of a copy of this order before the Municipal Commissioner, Patna Municipal Corporation. With the aforesaid observations and direction, this writ petition stands disposed of. Singh ( Navaniti Prasad Singh,J.)