JUGESHWAR BHATT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This writ petition has been filed on behalf of the petitioner seeking direction upon the respondents to pay him arrear salary from the date, he has been promoted on the post of Sub-Inspector of Police. The case of the petitioner is that he was promoted to the post of Sub-Inspector of Police with due date i.e., 20.8.1994, but the authorities have decided to pay the promotional benefits to the petitioner from the date of his joining.

(3.) A counter affidavit has been filed on behalf of the respondents, wherein it is stated that in view of Rule 58 of the Bihar Service Code, the petitioner did not discharge his duties of the higher post prior to the date of his joining, therefore, he cannot be allowed salary of that period.