IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6753 of 2010 MANOJ KUMAR , son of Late Shatrughan Prasad Yadav, resident of village + P.O. Mathai, P.s.-Madhepura, District-Madhepura Versus 1. THE STATE OF BIHAR through the District Magistrate Madhepura. 2. The Sub-Divisional Officer, Udaikishanganj, Madhepura. ----------- 02 06.01.2011 The petitioner having his substantive post as peon, on the order of the Sub-divisional Officer, Udaikishanganj, dated 7.6.2001 as contained in Annexure-3, was posted as 3rd grade employee with independent charge on temporary basis, in specific reference to Rule 103 of Bihar Service Code, though it is mentioned in the order that he will not be entitled to any extra pay or allowance for the same. Learned counsel for the petitioner submits that Rule 103 itself makes the petitioner entitled for the extra remuneration for working against the higher post. He submits that petitioner is working on the said Class-III post till today and therefore, he is also entitled for promotion also to class-III. He submits that petitioner has filed a representation before the Collector Madhepura in this regard on 2.3.2010, a copy whereof is Annexure-4 to the writ application. Rule 103 clearly provides for pecuniary benefits to a Government employee who is made to work on more than one post of independent nature. If the posting of the petitioner on Class-III post by the Sub-divisional Officer was valid, petitioner would be entitled to at least the pecuniary benefits in terms of the said Rule. It is another matter that since he has continued on 2 the Class III post since last more than 10 years his case may also be fit for consideration for promotion in accordance with law. Therefore this writ application is disposed of with a direction to the respondent Collector Madhepura, to consider the representation of the petitioner in respect of the above claims and pass orders in accordance with law preferably with a period of three months from the date of receipt/production of the copy of this order. With the above observations and directions this writ application is disposed of. Prakash ( J.N.Singh, J.)