JUGAL KISHORE SHARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent Appeal is directed against the judgment dated 6 -1 -1998 passed in CWJC No. 324 of 1996 (R), whereby the learned single Judge dismissed the writ petition and refused to grant relief for payment of additional pay/additional allowances for officiating on the post of District Malaria Officer during the service period.

(2.) IT appears that the petitioner retired from service as Assistant Malaria Officer in the year 1992. After retirement he made representation for payment of additional pay/ allowances for officiating on the post of District Malaria Officer. When representation was not disposed of he approached this Court by filing CWJC No. 3234 of 1994 (R), which was disposed of with direction to the respondents to consider the case of the petitioner under the provision of Rule 103 of the Bihar Service Code and pass necessary order. In pursuance of the said direction the Secretary and Health Commissioner disposed of the representation holding that petitioner was not entitled to additional pay/ allowances on the ground that the petitioner has not officiated in the substantive post of District Malaria Officer and he was simply asked by the authorities to take charge from the District Malaria Officer either on leave or on superannuation for the purpose of drawing and disbursing as the District Malaria Officer.

(3.) LEARNED single Judge in the impugned judgment has come to the conclusion that the appellant was only asked to take charge of District Malaria Officer for the purpose of drawing and disbursing and he was not given responsibility of the post of District Malaria Officer. Learned single Judge is also of the view that the appellant, being nonmedical person i.e. Assistant Malaria Officer had no scope to take full responsibility of District Malaria Officer. Learned single Judge further observed : ''Mr. Banerjee, for and on behalf of the petitioner has referred to a policy decision of the Central Govt. taken in the year 1982 wherein it was held that those Assistant Malaria Officers who are not qualified as Doctor may be considered for the purpose of appointment as the District Malaria Officer if other conditions are suitably being filed and, as such, avenue of promotions have been made available to the Assistant Malaria Officer also. But in the present case, the question of promotion does not arise. Assistant Malaria Officer had never been considered for appointment as the District Malaria Officer in view of the policy decision of the Central Government. The petitioner as the Assistant Malaria Officer during his service period was asked to take charge of the District Malaria Officer on the contingency of the absence of the District Malaria Officer in the station for the purpose of drawing and disbursing alone. When the petitioner has got no scope to take full responsibility of the District Malaria Officer being a non -medical person, the question of applicability of Rule 103 of the Bihar Service Code does not arise.