IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6430 of 2001 RAVINDRA DEO SHAHI Versus THE STATE OF BIHAR & ORS ----------- 5 05.09.2008 Heard learned counsel for the petitioner and the State. The relief sought in this writ application is for a mandamus to consider the petitioner for substantive promotion to the post of Private Assistant to the Collector at Gopalganj. The petitioner was made in-charge Private Assistant on 11.2.1997 pending regular appointment of the eligible person. It is further asserted that in the gradation list of stenographers, the only person above him superannuated on 30.9.1999 As such his name was also recommended in the panel by the District Establishment Committee made to the Commissioner by letter dated 14.9.1996 and 8.11.1996 concurred by the Commissioner on 14.9.1999. He additionally makes a grievance that though the work of Private Assistant was taken from him from 12.2.1997 to 30.9.1999 while he held the post of Stenographer for which he was denied the compensatory allowance under Rule 103 of Bihar Service Code also. The eligibility of the petitioner to be considered for promotion to the post of Private Assistant to the Collector is not denied in the counter affidavit as the person above him had retired on 30.9.1999.. After that date, there was no impediment in the consideration of his case till his superannuation on 31.5.2001. With regard to the period from 1997 till 1999 when - 2 - the petitioner officiated as P.A. to the Collector, the contention in the counter affidavit is that the petitioner had agreed not to claim the compensatory allowance for the higher post. The fact that the respondent had a statutory duty for the same under Rule 103 of the Bihar Service Code is an aspect which the respondent preferred to conveniently ignore. The issue of the petitioner being in an unequal bargaining position also does not engage the attention of the respondents and that in event of refusal he would have exposed himself to the risk of departmental proceedings. The availability of a sanctioned post of P.A. to Collector is not in dispute. The last regular incumbent having retired on 1.9.1993. Paragraph no. 6 refers to only administrative wrangling in the office of the respondent themselves as to the modalities of such appointment notwithstanding the availability of a vacant sanctioned post and an eligible incumbent to be considered. This Court, therefore, holds that the petitioner is entitled to be paid the compensatory allowance under Rule 103 of the Bihar Service Code for the period between 1997 to 1999 when he held the post of P.A. to the Collector in additional charge to his duties as stenographer. He shall be entitled to interest on the same also quantified at 3 % also from the date he assumed charge till the date that the person above him in the grade of stenographer superannuated. From the date of superannuation of the person senior to him, he shall be deemed - 3 - to have substantively promoted to the post of P.A. to Collector till his superannuation. He shall be entitled to full salary for that period since he was already discharging the duty of the promotional post with interest at like rate . He is also entitled to have his pensionary and other retiral dues re-calculated and refixed determining him as retiree from the post of P.A. to the Collector. The arrears of the monetary dues of the petitioner alongwith interest, both with regard to compensatory allowance and the arrears of salary for the post of P.A. to the Collector alongwith the interest, shall be paid by the State Government to the petitioner within a maximum period of 12 weeks from the date of receipt/presentation of a copy of this order. In so far as the revision of his pensionary and other retiral dues accordingly, are concerned, let the same be done within a maximum period of 4 months from the date of receipt/presentation of a copy of this order and actual monetary benefits of the difference be made available to him within the same period. In so far as the interest to be paid to the petitioner for denial of the compensatory allowances and the difference of the pay scale of the post of P.A. to the Collector is concerned,, this Court is satisfied that the State Government should not be burdened with the same. It is those for whose inaction, administrative matters could not reach a finality, who are liable - 4 - to bear the burden from their personal salary. Let the Secretary, Department of Personnel and Administrative Reforms hold an inquiry , fix responsibility for the same, irrespective of the status of the person being held responsible and recover the interest amount from his salary and file a compliance report before this Court when it shall be listed under the appropriate heading for perusal and also mark a copy of compliance to the office of Accountant General to the State of Bihar. The writ petition stands allowed. pkj (Navin Sinha, J)