BASANT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the grievances of the petitioner are twofold, namely, that (i) though pursuant to the direction of the Executive Engineer, Advance Planning & Investigation Division, Jamui, contained in letter no. 452 dated 28.7.1992 (Annexure 3), he took over the additional charge of Draftsman Grade II on 30.7.1992 from one Ashok Kumar Ghosh, who has been transferred and since then he has been discharging the duty as Incharge Draftsman Grade II in addition to his original post, but he has not been paid even 20% allowance of the basic pay for discharge of additional duty, for which he is entitled under rule 103 of the Bihar Service Code (hereinafter referred to as the Code) and that (ii) the authorities concerned are arbitrarily not considering his case for regular promotion against the post of Draftsman Grade II and are simply taking work as incharge of the said post now for about 13 long years even though he is eligible and fit to be considered for promotion.

(2.) DESPITE service of notice long back on 22.5.2002, no counter affidavit has been filed on behalf of the respondent State till date.

(3.) LEARNED counsel for the State in the absence of any counter affidavit has not been able to contest the aforementioned claim. Learned counsel for the petitioner has rightly relied upon the Government decision, contained in Annexure 5, to show that for such additional charge, the petitioner is entitled to 20% of the basic pay by way of additional allowance under rule 103 of the Code and also that at the time of filling up the post by regular promotion, the case of the petitioner alongwith others are required to be considered.