STATE OF JHARKHAND Vs. LAKAHAN PRASAD YADAV

JUDGEMENT

(1.) In this Letters Patent Appeal, the State of Jharkhand has assailed the order passed by the learned Single Judge on 1/12/2020 in W.P.(S) No.6207 of 2018 whereby the direction was given to the State considering the reported case of State of Punjab v. B.K. Dhir [(2017) 9 SCC 337] and State of Punjab and Another v. Dharam Pal [(2017) 9 SCC 395] to pay the salary for the period the petitioner had worked on officiating capacity in pursuance of the order of the competent authority (Annexure-9 to the writ application).

(2.) The fact of the case is not disputed at this stage that the petitioner was appointed as Class-IV employee on 1/1/1993 on compassionate ground. He was posted at different places and discharged duty and office order dtd. 5/12/2001 was issued regarding deputation of his service.

(3.) Learned Single Judge relying upon the aforesaid two judgments allowed the application in part, though the learned Single Judge did not allow the prayer for promotion of the respondent-petitioner. However, learned Single Judge directed that the higher pay scale should be awarded to the petitioner and the differential amount should be paid. Such order has been challenged in this case.