IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.577 of 2004. ---------------- 1. Bihar Engineering Service Association, through its General Secretary Sri Aditya Narayan Jha ‘Anal’. 2.Aditya Narayan Jha ‘Anal’ son of Late Pd. Bilat Jha, Resident of Mohalla Shivpuri, P.S.Shastri Nagar, District Patna. 3.Harish Kumar Singh son of Harbansh Singh, Resident of 2/10 Madhuvan Complex Malahi Pakri Kakerbagh P.S.Patrakar Nagar District Patna. …Petitioners. Versus 1.The Accountant General, Bihar. 2.The State of Bihar. 3.Secretary, Rural Development Department, Govt. of Bihar, Patna … Respondents. For the Petitioner : Mr. Siyaram Sahi, Adv. For the State : Mr.S.P.Parasar A.C. to G.P.21 For the A.G. : Mr. L.P.K.Rajgaihar, S.C. ----------- 8. 22.06.2011 Heard learned counsel for the petitioner, State and the Accountant General, Bihar. The writ petitioner no.1 is an Association of persons of Engineers, petitionerno.2 is an Engineer posted as Assistant Director Investigation and Project Preparation Directorate and petitioner no.3 is also an Assistant Engineer posted in the Rural Development Department, Special Circle, Patna. In the writ petition, it has been stated that the Finance Department, vide letter no.1335(F) dated 3rd March 1967 Annexure-1) has sanctioned the special pay to the Engineers employed on planning, design, investigation or research work in the Bihar River Valley Project Department, Irrigation Department, Public Works Department, including the Public Health Engineering Department in terms of Rule 2 42(A) of the Bihar Service Code in consideration of special nature of work and responsible duties performed by them. The special pay was in addition to his pay, subject to minimum of Rs.75/- and maximum of Rs.150/- per month. Thereafter the Irrigation Department vide letter No. 432 dated 31st January 1981 wrote to the A.G., Bihar whereby the benefit of special pay was extended to the Engineers working in the various Circles and divisions with effect from the date of creation of the post. The State of Bihar vide letter no.4637 dated 21st November 1981 issued by the Irrigation Department, wrote to the A.G. Bihar whereby a provision of special pay was specifically provided to the Engineers working as Design Superintendent, Drawing Superintendent, Estimate Officers, Directorate of Transport and purchase and flying squad organization with effect from the date of creation of the post. It has been stated in the writ petition that the members of the association who were performing the special nature of work were being paid special pay as per Finance Department Resolution dated 3rd March 1967. The State of Bihar, vide Notification No. 1320 dated 23rd May 1998 issued by the Water Resources Department whereby 63 Divisions, 14 circles, 2 Chief Engineer Officers were transferred to the Rural Development Department. The Rural Development Department, vide notificationno.7827 dated 1st August 1998 accepted the transfer of 63 divisions, 14 circles, 2 Chief Engineers Zone transferred by Water Resources Department vide Notification no.1320 dated 23rd May 1998 and renamed as Rural Development Special Zone/Circle/Division. The Rural Development Department by letter No. 5529 dated 29th June 1998 created and sanctioned the post for adjustment of transferred 3 divisions/circles and Chief Engineers Zone from Water Resources Department. It appears from the letter dated 17th December 1998 (Annexure-6) that certain nature of work has been categorized as non- work, are those where engineers have been engaged in drawing, investigation, planning and estimate and monitoring and research in which 20 per cent special pay has been granted. In the later part of the said letter, it has been stated that special pay will be payable to the persons who are holding the post as Secretary to the Chief Engineer i.e. Superintending Engineer, Assistant Engineer attached to the office of Chief Engineer, Assistant Engineer working in the office of the Superintending Engineer and the persons who are working as Technical Advisor to the Executive Engineer, Estimating Officer, (Assistant Engineer) attached in the Office of the Executive Engineer. These posts have been classified as special nature of work and for that special pay was allowed. In the writ petition it has been stated that certain members of the Association are discharging that nature of work and that they are entitled to special pay but have been deprived of the same. The State has filed its counter affidavit and have denied that some of the persons who were transferred/deputed to discharge the duty as such have been withdrawn from the offices. It has also been stated that they had not discharged special nature of work as per Annexure-1 to the writ petition. In Para-5 of the counter affidavit it has been stated that the special pay which was being paid and has been stopped from 1st August 1998. It has further been stated that the members union and petitioners were authorized to special pay as 4 admissible, while they were posted by the Irrigation Department (non- work) but in the instant case, petitioners’ post of Rural Development Department from 1st August 1998 the pay slip issued in their favour did not include special pay as it was not admissible in the Rural Development Department. The State has annexed letter of the Office of the Accountant General, Bihar. In the said letter it has been mentioned about the filing of the writ petition and also stated that in the writ petition, a demand has been made for special pay and a request was made to the State Government to inform the decision of the State as to whet her the persons who are working in the Rural Development Department are entitled to special pay or not. The State in its counter affidavit in Para-5 stated that vide letter no.1320 some of the Engineers of Water Resources Department were transferred to the Rural Department on 1st August 1998. The services of the members of Engineers were placed in the Rural Development Department. The Engineers transferred to the Rural Development Department were named as Rural Development Department . In para-7 of the counter affidavit, it has been stated that only those Engineers are entitled to special pay who are attached with planning, design, investigation or research work. From the pleadings of the parties, it appears that the Engineers who are discharging the special duty only they are entitled to special pay. As stated above, in the Rural Works Department, certain posts were marked as the work of special nature, mentioned in Annexure-5 and 6. It is a fact that in span of time, certain persons who were working in the Rural Works Department discharging the special 5 nature of duty might have been withdrawn or transferred to other departments. This Court hereby direct that the Chief Engineer will examine as to who are the persons who are/were working and discharging the special nature of work as mentioned in Annexure-5 & 6 to the writ petition. If they were discharging the special nature of work, then only they would be entitled to special pay. If the Chief Engineer would find that certain engineer put in the Rural Works Department had or having discharging the duty of special nature as mentioned in Annexure 5 & 6 the authority concerned will give the benefit of special pay to them on the basis of certificate issued by the Chief Engineer.. With the above observation and directions, the writ petition is allowed to the extent as aforesaid. Jay/ ( Shivaji Pandey,J)