SHATRUGHAN KESHARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE order dated 16.1.2002 passed by a learned Single Judge of this Court in W.P.(S) No. 405 of 2002(R) dismissing the Writ Application on the ground that the appellant had challenged the impugned order after about seven years, is under challenge before us in this Letters Patent Appeal.

(2.) THE case of the appellant is that in the year 1973 he was appointed as Family Welfare Health Assistant, whereafter having worked at various places, he was presently working at the Primary Health Centre, Rania, Ranchi. By order/memo dated 30.1.1995, the respondent No. 2 directed the appellant to work on an additional post, i.e., the post of Block Extension Educator in addition to his duty of the Family Welfare Health Assistant. According to the appellant the post of Block Extension Educator was the next promotional post and although the appellant had been asked to discharge his duties on the aforementioned additional post of Block Extension Educator, yet he was not given any additional or officiating pay. The appellant has stated and has made a grievance that even 20% officiating allowance was denied to the appellant and such denial was contrary to the provisions of Rule 103 of the Bihar Service Code. The appellant placed reliance on the case of Raghunath Ram v. State of Bihar and others, by which a learned Single Judge by order dated 16.8.1999 directed the Respondents to pay allowances in terms of Rule 103 of the Bihar Service Code.

(3.) PURSUANT to the aforementioned direction dated 1.10.1999, the appellant filed a representation before the respondent No. 4 but he did not do anything in the matter as a result whereof the appellant was compelled to move W.P.(3) No. 405 of 2002(R).