BANESHWAR RABIDAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner confines his prayer in view of averments made in paragraph-14 of the writ petition and prays for payment of difference of salary for the period during which he has discharged his duties and also for difference of salary by way of post retiral benefits.

(3.) From the facts narrated in the writ petition, it appears that petitioner was appointed to the post of Junior Engineer on 04.11.1976 vide Government of Bihar Irrigation Department Notification No. 18076 and was promoted to the post of Assistant Engineer on 04.11.1984 vide Government of Bihar Irrigation Department Notification No. 4304. Thereafter petitioner was promoted to the post of Executive Engineer with effect from 04.11.1992 and continued to work as such even after bifurcation of State. It is specific case of the petitioner that since regular promotion of Executive Engineers to the post of Superintending Engineers could not be done and as such the Water Resources Department posted them on working arrangements basis in their own pay scale to the post of Superintending Engineer. The case of the petitioner was also considered by the Establishment Committee and he was also posted to the post of Superintending Engineer (current charge) on working arrangement basis in his own pay scale of Executive Engineer, which is apparent from the Notification No. 2834, dated 19.07.2007. Though petitioner discharged his duties and rendered his services to the post of Superintending Engineer but no monetary benefits was given to him though working to the post of Superintending Engineer in the same pay scale. Even the principles of seniority and other mandates like vigilance clearance were duly followed in such posting. The Department Establishment Committee recommended names of Superintending Engineers (current charge) to be posted as Chief Engineers (current charge) on working arrangement basis in their own pay scale of Superintending Engineer and accordingly Notification No. 3430, dated 09.07.2011 was issued by the Water Resources Department. In the said Notification, due seniority and vigilance clearance was taken into consideration and right to post senior colleague was reserved in case the fitness of such person was found favourable on a later date, if the same was pending for consideration. Admittedly petitioner was posted as Superintending Engineer (current charge) and Chief Engineer (current charge) respectively, discharge the functions and duties that of a Superintending Engineer and of a Chief Engineer with satisfaction of all concerned and he superannuated on 30.04.2013 from the post of Chief Engineer but in the pay scale of Executive Engineer.