STATE OF BIHAR Vs. AKHAURY DADAN PRASAD

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent has been preferred by the respondent State of Bihar against the judgment and order dated 13th December 2010 passed by a learned Single Judge in CWJC No. 7725 of 2003.

(2.) The respondent writ petitioner has approached this Court under Article 226 of the Constitution of India in CWJC No. 7725 of 2003 for two fold prayers. The petitioner has claimed that although he was appointed as Junior Engineer, under order dated 26th February 1980, he was called upon to be Incharge of the Subdivision (Mechanical) for monthly allowance of Rs.30/-. The said arrangement was continued till he retired from service in the year 2003. The petitioner has, therefore, prayed for salary as an Assistant Engineer from 28th February 1980 till the date he retired from service. He has also prayed for promotion as Assistant Engineer (Mechanical) with effect from 17th June 1986. It appears that in 2003 the State Government has prepared a list of Junior Engineers indicating the dates they became eligible for consideration for promotion as Assistant Engineer. Against the name of the petitioner the date 17th June 1986 has been recorded. The petitioner has accepted the said date as the date he was due for promotion.

(3.) There is no dispute that the petitioner was appointed as Junior Engineer. While working as Junior Engineer [Diploma in Engineering (Mechanical)] he was placed in charge of Subdivision (Mechanical) under order dated 26th February, 1980 made by the Chief Engineer. The order clearly stipulated that the petitioner would be entitled to a monthly allowance of Rs.30/-. The petition was contested by the State Government.