IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3995 of 2008 Bhagwan Deen Paswan, son of Late Dhannu Paswan, village Bhagwanpur Chathti, PS and district Muzaffarpur, at present posted as Khansama, PWE Road Division Samastipur, PS and District Samastipur – Petitioner. Vs. 1) The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2) The Secretary, P. W.D. Bihar, Patna. 3) The Commissioner, P.W.D. Bihar, Patna. 4) The Engineer in Chief, P.W.D., Bihar, Patna. 5) The Chief Engineer, P.W.D. Road Construction, Bihar, Patna. 6) The Supdt. Engineer, P.W.D., Road Division, Darbhanga. 7) The Executive Engineer, P.W.D. Road Division, Darbhanga. 8) The Executive Engineer, P.W.D. Road Division, Samastipur – Respondents. 2 15.4.2011 The petitioner is aggrieved by the fact that he has not been granted any increment, allowances or A.C.P. since his appointment in Public Works Department (Road Construction). The petitioner was initially appointed on 14.11.1970 on the post of Khansama for which the pay scale is mentioned as Rs. 65-72/-. Thereafter, he was posted at various places including Lakhisarai and Samastipur. It is the claim of the petitioner that he worked as Khansama wherever he was posted and has been described as Khansama in Annexure 1, dated 14.11.1970. Apparently the discrepancy with respect to the post that the petitioner held, came into existence because of Annexure 4, which is a letter issued by the Subdivisional Officer, Road Construction Department, Darbhanga who on the basis of an oral order of the Executive Engineer, Road Construction Department, Darbhanga has labeled the post held by the petitioner as “Road Mazdoor”. In the counter affidavit filed on behalf of the State it has been mentioned that the scale of Khansama in the year 1970 2 was Rs. 70-80/- and the scale of Chowkidar was Rs. 65-72/-. On the basis of the aforesaid facts it is stated that the petitioner was appointed as a Chowkidar in temporary work charge. He was working and adjusted as Khansama from 12.6.1999. The counter affidavit is not clear as to why the petitioner will not be entitled to the benefits of a higher scale or A.C.P. Documents filed by the petitioner as well as the service book indicates that the petitioner was designated as Khansama. The fixation of pay on a particular post does not by itself decide the designation of an employee. Similarly on the basis of oral instructions issued by the Executive Engineer, the petitioner cannot be treated to be a Road Mazdoor. In any event I do not see any justification for not granting the increments, allowances or A.C.P. which the petitioner would be entitled to in view of the fact that he has not been granted any benefits until now. I accordingly direct that the Superintending Engineer, P.W.D., Road Division, Darbhanga, respondent no.6 should examine the facts of the case and grant the petitioner increments, allowances or A.C.P. whatever be the entitlement within a period of four months from the date of receipt / production of a copy of this order along with a representation of the petitioner. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J.)