SHARDA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Rule 38 of the Bihar Service Code defines "Permanent post" as a post carrying a definite rate of pay and sanctioned without time limit; whereas Rule 48 of the said Code defines "Temporary post" as a post carrying a definite rate of pay and sanctioned for a limited time. That is the only difference in between a permanent post and a temporary post. As a holder of a permanent post is entitled to protection of Article Page 0594 311 of the Constitution of India so is a holder of temporary post. In this connection, reference may be had to the judgments of the Hon'ble Supreme Court rendered in R.S.S. Sial v. State of Uttar Pradesh and Ras Bihari v. Haryana Agricultural University .

(2.) WHETHER the post is a temporary post or a permanent post, the same may carry either a fixed pay or pay at time scale. If the post carries fixed pay, the incumbent is entitled to fixed pay only and nothing more. If the post carries pay at a time scale, the holder thereof is entitled to annual increments. Rule 83 of the said Code makes it clear that an increment shall ordinarily be drawn as a matter of course unless it is withheld.

(3.) ST AuguST, 1983 on compassionate ground for her husband died in harness. The poST to which the petitioner was appointed carried pay at a time scale. She was, however, not accorded yearly increments. There was no decision of the appointing authority to withhold any of the increments of the petitioner.