IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4147 of 2005 PIRTHVI RAM, SON OF SRI KABILASH RAM, RESIDENT OF MOHALLA- MACHHUATOLI, DINKAR CHOURAHA, P.S.- KADAMKUAN, P.O.- BANKIPUR, DISTT- PATNA :---- PETITIONER . Versus 1.THE CHIEF EXECUTIVE OFFICER, PATNA MUNICIPAL CORPORATION, PATNA :----- RESPONDENT. ----------- For the petitioner : Mr. Kamla Lal Srivastava, Advocate. For the Corporation : Mr. Chandrashekhar, Senior Advocate & Dr. Poonam Kumari Singh, Advocate. ========== 5. 24.09.2010. Heard learned counsel for the petitioner and the counsel for the Patna Municipal Corporation (hereinafter referred to as the “Corporation”). 2. Petitioner is a scavenger appointed in the Corporation. He is, however, serving as a Tractor Driver since 24.4.1987 and the tractors are used by the Corporation for carriage of the garbage. This writ petition has been filed by the petitioner praying, inter alia, to direct the authorities of the Corporation to either consider the case of the petitioner for promotion on the post of Driver or to pay him officiating allowance @ 20%, as is being paid to other scavenger(s) serving as Driver, namely, Sri Shyam Kumar, in whose case order bearing No. 830 dated 21st September, 2000, Annexure-4 has been passed. In this connection petitioner is also placing reliance on the order dated 24.3.2006 passed in the case of Gabbu @ Gabbu Ram who is also appointed as scavenger but serving as Driver and getting 20% extra allowance for serving on the higher post. 2 3. Having heard counsel for the petitioner and the Corporation, I direct the Corporation to consider the case of the petitioner either for promotion on the post of Driver or for payment of the officiating allowance @ 20%, as is being done in the case of Sri Shyam Kumar and Gabbu @ Gabbu Ram, the two scavengers serving the Corporation as driver as early as possible in any case within two months from the date of receipt of this order. 4. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)