MD.MASOOD YUSUF Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appeals under Clause 10 of the Letters Patent of the Patna High Court arise out of the common order dated 27.10.2005 passed by the learned Single Judge in CWJC No. 9448 of 1997 (Md. Masood Yusuf vs. State of Bihahr & ors) and CWJC No. 5942 of 1998 ( Md. Mjibur Rahman Vs. State of Bihar & ors.).

(2.) It would be apt to refer to the facts first before describing the circumstance in which the above mentioned three Letters Patent Appeals have been filed.

(3.) Md. Masood Yusuf was appointed as Assistant Anti- Malaria Officer on 1.2.1956. The nomenclature of the post was changed to Assistant Malaria Officer with effect from 26.9.1977. The case of Md. Masood Yusuf is that he was asked to officiate as District Malaria Officer, Katihar with effect from 28.7.1982 in addition to holding the substantive post of Assistant Malaria Officer. The further plea of the petitioner is that he retired as such after attaining the age of superannuation with effect from 28.2.1993. Md. Masood Yusuf filed CWJC No. 9448 of 1997 on 3.10.1997 seeking the relief from this Court to grant deemed promotion to the petitioner to the post of District Malaria Officer with effect from 28.7.1982 till the date of superannuation; to pay differences of pay and arrears of salary arising out of such promotion and to pay revised retirement benefits or alternatively pay 20% of officiating allowances and also to pay revised Leave encashment of 240 days of un-utilized leave salary admissible to the post of In-charge District Malaria Officer. His case was based on the provisions envisaged under Rules 58 and 103 of the Bihar Service Code.