Judgment Shiva Kirti Singh, J. Heard learned counsel for the parties. 2. The petitioner was a peon under Zila Parishad, Muzaffarpur, for about 13 months before his retirement i.e. from 28.2.93 to 31.1.95 the date on which he retired he worked as a Daftari by way of ad hoc working arrangement. The petitioner has prayed for grant of pay scale of Daftari for the aforesaid period and for all retirement benefits, such as gratuity, leave encashment, group insurance on basis of that post. He has also sought direction for payment of other dues such as deposits under compulsory deposit scheme cum contributory provident fund and arrears of T.A. bills. The respondents in their counter affidavit have contested the claim of the petitioner for grant of pay scale of Daftari on the ground that the petitioner merely officiated as Daftari by way of stop gap arrangements and he was never considered for or granted the pay scale of Daftari by way of promotion. However, so far as the retirement dues and other dues are concerned, they have indicated in the counter affidavit that dues on account of provident fund have already been paid and so far as dues on account of other items are concerned, their stand is that the same shall be paid as soon as funds are available with the Zila Parishad. 3. So far as the claim of the petitioner for scale of Daftari is concerned, I do not find any force in the same because the petitioner cannot claim such promotion as a matter of right nor can it be safely assumed that there were no other persons in the field for consideration in case the Zila Parishad decided to make recruitment to the post of Daftari by promotion. Officiating and stop gap arrangement in my view will not entitle the concerned employee to claim higher pay scale as a matter of right. No order of the Zila Parishad has been brought on record to show that such officiation was ordered along with grant of higher scale nor any rule or circular has been brought on record to support the claim that in such case of stop gap arrangement and officiation to higher posts the scale of higher post has to be granted.
No order of the Zila Parishad has been brought on record to show that such officiation was ordered along with grant of higher scale nor any rule or circular has been brought on record to support the claim that in such case of stop gap arrangement and officiation to higher posts the scale of higher post has to be granted. There are circulars in some of the Government Department for grant of allowance for officiation in higher posts and if there be such circular or rule applicable to employee of Zila Parishad Muzaffarpur, then in my view, the respondents must consider and grant to the petitioner the admissible allowance on that account only for the period he officiated as Daftari. However, the petitioner's claim for being treated as promoted to the higher scale of Daftari for actual pay as well as for retiral benefit, in the facts stated above cannot be accepted. 4. Since there is no dispute as such with regard to entitlement of retirement benefits of the petitioner and the difficulty shown in the counter affidavit is on account of paucity of funds hence considering all the facts and circumstances of the case I direct the respondents to forthwith grant all the retirement benefits and dues of the petitioner within a period of four months from the date of communication/production of a copy of this order. All such unpaid dues which shall now be paid to the petitioner, must be paid along with 10% interest calculated from the time it became due till the date of actual payment. However, there will be no order as to cost. 5. The writ application is allowed with the aforesaid observations and directions.