IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12423 of 2002 BHARAT KAPRI Versus THE STATE OF BIHAR & ORS ----------- 03 19.3.2009 Heard learned Counsel for the petitioner and learned Counsel for the State. The claim of the petitioner is that while holding the post of Lab Attendant, he was asked to discharge the duty of Lab Assistant. He is, therefore, entitled to the pay- scale of latter post. If the petitioner be correct in fact, which is admitted in the counter affidavit, quite naturally, he is entitled to the extra allowance under Rule 103 of the Bihar Service Code for discharging the duty of higher post while holding a lower post Substantively. This writ application is disposed off with directions that the petitioner is entitled to such allowance from 31.10.1986 for the period till he came to get the substantive pay-scale of Lab Assistant from 1.3.1989. Let such compliance be done within a maximum period of three months from the date of receipt and/or production of a copy of this order. P.K. (Navin Sinha, J.)