IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1643 of 2010 1. The State Of Bihar 2. The Principal Secretary Public Health Engineering Department, Government Of Bihar, Patna 3. The Finance Secretary, Government Of Bihar, Old Secretariat, Patna 4. The Joint Secretary Public Health Engineering Department, Government Of Bihar, Patna 5. The Engineer-In-Chief Cum Special Secretary Public Health Engineering Department, Government Of Bihar, Patna 6. The Deputy Secretary Public Health Engineering Department, Government Of Bihar, Patna Versus 1. Basudha Singh S/O Late Ramanand Singh R/O Vill.- Basantpur, P.S.- Ara Muffasil, Distt.- Bhojpur At Ara, Retired Assistant Engineer, Public Health Sub- Division, Bikramganj, Distt.- Rohtas ----------- 03/ 20th July 2011 This Letters Patent Appeal has been filed against the judgment and order dated 02.08.2010 passed in CWJC No. 720 of 2010 which was filed by the respondent/petitioner claiming arrear of salary from 31.12.1993 to 10.01.2002. Initially the respondent/petitioner was appointed on the post of Junior Engineer and he was working as such. Vide notification/order dated 31.12.1993, he was given officiating charge of Assistant Engineer. A perusal of the Notification/order dated 31.12.1993 shows that it has been clearly indicated that order that respondent/petitioner shall be paid the salary of the post of Junior Engineer not for the post of 2 Assistant Engineer. The arrangement was totally stop gap arrangement on account of non availability of directly recruited Assistant Engineers, which shows that this post against which the respondent/petitioner was made officiating charge was a post to be filled up by direct recruitment, it was not within the quota of promotion. It was further indicated in the notification/order dated 31.12.1993 that on account of joining of the directly recruited Assistant Engineer, the respondent/petitioner shall automatically be reverted to the post of Junior Engineer. Learned counsel for the respondent/petitioner submits that the respondent/petitioner was continuously serving on the post of Junior Engineer against the post to be filled up by promotion. Vide notification/order dated 31.12.1993, the respondent/petitioner was given officiating charge of the Assistant Engineer. A perusal of the notification/order dated 31.12.1993 shows that 35 Junior Engineers were given officiating charge. From that order it is also clear that officiating charge was given against the post to be filled up by direct recruitment also. No specific figure 3 after calculating the quota fixed to be filled up by promotion year wise has been given in the writ petition to show that the petitioner was given officiating charge against the promotion quota. Learned counsel for the respondent-petitioner further submits that though it could not be bifurcated as to who was given officiating charge against the direct recruitment or who was given officiating charge against the post to be filled up by promotion. Since the petitioner was continuing in the service till his retirement, therefore he was entitled for salary from 31.12.1993. Learned counsel for the appellant submits that with effect from 1.2.1998, the respondent/petitioner has been paid salary for the post of Assistant Engineer. No salary was paid prior to February 1998 for the post of Assistant Engineer. Prior to February 1998, he was being paid salary for the post of Junior Engineer plus some allowances regarding the officiating charge. Since the respondent/petitioner was substantially promoted with effect from February 1998 and salary has been paid with effect from February 1998, the petitioner could not legally claim the salary from 4 31.12.1993. Thus, the judgment and order of the learned single Judge is modified to the extent that respondent/petitioner shall be entitled for payment of salary on the post of Assistant Engineer with effect from 1.2.1998 and onward. The appeal is, accordingly, disposed of. perwez (Prakash Chandra Verma, J.) (Aditya Kumar Trivedi, J.)