SANTOSH KUMAR JAMUAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) By this application, the petitioners pray for issuance of direction upon the respondents to promote them to the posts of Deputy Commissioner of Excise, as they are officiating in the posts of Deputy Commissioner of Excise since 1994 and 1995, respectively, and also for a direction to the respondents to pay salary and other allowance to them treating them as in regular cadre of Deputy Commissioner of Excise from the date of notification, whereby and whereunder they were made incharge Deputy Commissioners of Excise.

(3.) Learned Counsel appearing on behalf of the petitioners submitted that the petitioners were promoted on substantive basis on the posts of Assistant Commissioner of Excise vide Notification Nos. 2806 dated 5-6-1999 and 255 dated. 3-7-1995, respectively, and thereafter they were made incharge Deputy Commissioners of Excise and they are functioning on the posts on officiating basis till date. It is further submitted that though the petitioners became eligible for consideration of their promotion to the posts of Deputy Commissioner of Excise, their cases are not being considered for the same. Alternatively, it is also argued by learned Counsel appearing on behalf of the petitioners that since the petitioners are officiating on the posts of Deputy Commissioner of Excise, they would be entitled to get the salary and other allowance, which are payable to Deputy Commissioner of Excise from the date of their officiation by virtue of the provision, as laid down in Rule 103 of the Bihar Service Code (hereinafter to the referred to as "Code"). In support of this proposition learned Counsel placed reliance in case of Dr. Sachita Kumar Sinha v. State of Bihar and Ors., (1995 (1) Patna Law Journal Reports, 362).