FAKIRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State.

(2.) The present writ petition has been filed for a direction upon the respondents, particularly respondent no.6 to provide the 2.5% of the basic pay or Rs.1000.00, which is maximum per month as deputation allowance for his work as as driver, whereas his regular post is peon and for grant of promotion from his original post to Class-III post.

(3.) The brief facts giving rise to the present writ petition are that the petitioner was initially appointed by the Civil Surgeon Cum Chief Medical Officer, Munger after adopting the processess of appointment on 8/1/1991. After rendering his services for more than six years, the petitioner requested the competent authority on 23/1/1996 to permit him to perform the duties of the driver, since he was having a valid driving license. Vide letter no. 754 dtd. 28/11/1996 issued under the signature of the Additional Chief Medical Officer, Munger, the petitioner was granted promotion to the post of driver and started performing the duties of driver. Subsequently, vide Memo No. 442 dtd. 5/12/2002 issued under the signature of the Regional Deputy Director, Health Services, Munger Division, Munger, a direction was issued to grant the petitioner the pay scale of driver and it was mentioned that the said order would be applicable only after confirmation from the Director-In-Chief, Health Services, Government of Bihar, Patna.