PARMANAND SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner was holding the substantive post of Associate Professor of Mining Surveying in the Mining Institute, Koderma. The petitioner, who was purely a teacher was asked to perform the duties of the Principal for the period 13.1.1986 to 31.1.1998. The present writ petition relates to the grievance of the petitioner that he having worked at the higher pay scale independent posting involving additional duty not in line with his normal duty and having greater responsibility to be discharged, he was entitled to the higher remuneration for the said period. Petitioner had come to this court earlier. He was asked to make a representation in this regard to the department. He made such a representation. When the representation was not disposed of he filed an application for initiating contempt proceeding. In those proceedings it was disclosed that his representation had since been disposed of by the impugned order as contained in Annexure 8, dated 5.3.2005 on the ground that he was working in the same department and in view of the Government Circular dated 30.12.68 issued with reference to Rule 103 of the Bihar Service Code he would be entitled to higher remuneration.

(3.) A counter affidavit has been filed in which it has been categorically been stated in para 4 that the post of Principal of Mining Institute, Koderma has to be filled up on recommendation of the Bihar Public Service Commission on direct recruitment base. It is not a promotional post. It is, therefore, submitted on behalf of the State that salary of Principal could only be paid to a person who was recruited by the Bihar Public Service Commission to be appointed as Principal and not to any person officiating as Principal for whatever he did work.