IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18615 of 2009 SHRI K.K.CHAUBEY, retired Sub Judge, at present resident of House No. 272, Pataliputra Colony at Patna Pin Code 8/13 … Petitioner Versus 1. SAIAD JAFFAR HUSSAIN, DIST.JUDGE, Sassaram District Rohtas 2. Isantullah Ex Registrar Civil Court, Sassaram 3. District Judge, Sassaram, District Rohtas 4. High Court through Sri B.B.Pathak, Registrar General High Court Patna 5. Department of Finance, through its Secretary Old Secretariat at Patna 6. Accountant General, Bihar at Patna 7. Treasury Officer, Sassaram District Rohtas … Respondents. ----------- 4. 27.1.2010 Though this matter was listed for admission, yet on consent of the learned counsel for the parties it is finally heard. We have heard Mr. Sanjay Kumar Griyaghey, learned counsel for the petitioner, Mr. D.K.Sinha, learned counsel for respondents no. 1 to 4 and Mr. Anwar Karim, learned counsel for the State. The petitioner, a retired Judicial Officer in the cadre of Civil Judge (Senior Division) approached this Court earlier in C.W.J.C.No. 14314/2007 and this Court on 5.2.2008 has allowed the said writ petition for extending the benefit of Assured Career Progression on the post of Civil Judge (Senior Division). In course of hearing we have been apprised 2 that the benefits as directed in the earlier writ petition have been given and granted sumptuary allowances. It is contended by Mr. Griyaghey, learned counsel for the petitioner, that the petitioner is entitled to his sumptuary allowance at the rate of Rs. 1000/-, inasmuch as his salary was equivalent to the Addl. District Judge cum Sessions Judge. Mr. D.K.Sinha, learned counsel for respondents no. 1 to 4, has submitted that the petitioner has retired as a Civil Judge (Senior Division) and was never promoted to the post of Addl. District Judge and is entitled to sumptuary allowance at the rate of Rs. 750/- since the concept of grant of sumptuary allowance has nexus with the post and not the pay. Having heard the learned counsel for the parties, we are of the considered opinion that the submission put forth by Mr. D.K.Sinha has substantial force and therefore, the claim urged by the petitioner to get sumptuary allowance at the rate of Rs. 1000/- is impermissible. In view of the aforesaid, it is directed that if the petitioner submits a fresh claim on the basis of 3 restricting his claim to Rs. 750/- per month the same shall be paid. The claim shall be submitted within a period of four weeks from the date of receipt of the order passed today and the respondents no. 1 to 4 shall dispose of the same by extending the benefit keeping in view our direction hereinabove within a period of four weeks therefrom. The writ application is disposed of on the above terms. There shall be no order as to costs. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/