NAGENDRA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is a fundamental principle of service jurisprudence that the conditions of service of Government servants are governed by the rules or orders issued by the appropriate Government. In the absence of rules, the right of a government servant is to be determined on the basis of orders, which govern their service conditions. The Bihar Service Code, 1952 (hereinafter referred to as 'the Code') define, inter alia, the conditions under which salaries and other allowances (except T.A. and Pension) are earned by service under the State Government.

(2.) Keeping in mind the said legal principle and the provisions under the Code, the Court is required to examine legitimacy of the petitioner's claim of salary of a Class-III employee, while substantively holding a Class-IV post under the Government.

(3.) I have heard Mr. Pramod Kumar Singh, learned counsel for the petitioner and Ms. Archna Meenakshee, learned Government Pleader No.6, representing the State of Bihar.