RAVINDRA DEO SHAHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) THE relief sought in this writ application is for a mandamus to consider the petitioner for substantive promotion to the post of Private Assistant to the Collector at Gopalganj. The petitioner was made in - charge Private Assistant on 11.2.1997 pending regular appointment of the eligible person. It is further asserted that in the gradation list of stenographers, the only person above him superannuated on 30.9.1999. As such his name was also recommended in the panel by the District Establishment Committee made to the Commissioner by letter dated 14.9.1996 and 8.11.1996 concurred by the Commissioner on 14.9.1999. He additionally makes a grievance that though the work of Private Assistant was taken from him from 12.2.1997 to 30.9.1999 while he held the post of Stenographer for which he was denied the compensatory allowance under Rule 103. of Bihar Service Code also. The eligibility of the petitioner to be considered for promotion to the post of Private Assistant to the Collector is not denied in the counter affidavit as the person above him had retired on 30.9.1999. After that date, there was no impediment in the consideration of his case till his superannuation on 31.5.2001. With regard to the period from 1997 till 1999 when the petitioner officiated as P.A. to the Collector, the contention in the counter affidavit is that the petitioner had agreed not to claim the compensatory allowance for the higher post. The fact that the respondent had a statutory duty for the same under Rule 103 of the Bihar Service Code is an aspect which the respondent preferred to conveniently ignore. The issue of the petitioner being in an unequal bargaining position also does not engage the attention of the respondents and that in event of refusal he would have exposed himself to the risk of departmental proceedings. The availability of a sanctioned post of P.A. to Collector is not in dispute. The last regular incumbent having retired on 1.9.1993. Paragraph No. 6 refers to only administrative wrangling in the office of the respondent themselves as to the modalities of such appointment notwithstanding the availability of a vacant sanctioned post and an eligible incumbent to be considered.

(3.) THIS Court, therefore, holds that the petitioner is entitled to be paid the compensatory allowance under Rule 103 of the Bihar Service Code for the period between 1997 to 1999 when he held the post of P.A. to the Collector in additional charge to his duties as stenographer. He shall be entitled to interest on the same also quantified at 3% also from the date he assumed charge till the date that the person above him in the grade of stenographer superannuated. From the date of superannuation of the person senior to him, he shall be deemed to have substantively promoted to the post of P.A. to Collector till his superannuation. He shall be entitled to full salary for that period since he was already discharging the duty of the promotional post with interest at like rate. He is also entitled to have his pensionary and other retiral dues re -calculated and refixed determining him as retiree from the post of P.A. to the Collector.