ARUN KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been preferred against the order dated 24.11.1999 in C.W.J.C. No. 3686 of 1998, whereby the writ petition was partly dismissed with certain directions.

(2.) THE writ application was filed for grant of regular promotion to the petitioner (appellant herein) in Junior Selection Grade on the post of Assistant Director, Plant Protection (Category ''5) in the replacement scale of Rs. 3000 -4500/ - with effect from 1.4.1986.

(3.) ON the other hand, learned counsel for the State pointed out that it is the prerogative of the Government that due to exigency of the work an employee holding lower post can be directed to discharge the duties of a higher post. At the time of making such arrangement, the seniority and other service condition of such a government employee is not at all to be looked into. Therefore, to safeguard the interest of such employees, under the Bihar Service Code Rule 103 has already been prescribed to pay additional pay not exceeding 20 percent of the substantive pay, to a government employee.