Judgment 1. In this writ petition the grievances of the petitioner are two fold; firstly, the petitioner wants for consideration of his case for grant of regular promotion against the post of Sanitary Inspector, on which work is being taken from him since 31.12.1988 and, secondly, to pay him the salary of the said post, on which he has been working against the sanctioned vacant post as a whole-time functionary. 2. In short, the relevant facts are that the petitioner was initially appointed as Sanitary Supervisor substantively in the Patna Municipal Corporation in the year 1976, vide order contained in Annexure 1. Thereafter it appears that he was made Incharge Sanitary Inspector and given such posting from time to time, vide different orders, contained in Annexures 4 to 9. The claim of the petitioner is that he is still working as Sanitary Inspector, but his case has not been considered for regular promotion against the said post. 3. A counter affidavit has been filed on behalf of the respondent Corporation. In the said counter affidavit the case of the respondent Corporation is that before consideration of the case for regular promotion, roster clearance is required for which steps are being taken. It is stated that so far as the case of the petitioner for grant of promotion on the post of Sanitary Inspector is concerned, the same shall be duly considered after obtaining approval of the roster prepared against the vacant sanctioned posts of Sanitary Inspector available in the Corporation. The said counter affidavit was sworn on 21.6.2000. However, as regard the claim of salary, it is stated that order by which the petitioner was posted to discharge the function of the post of Sanitary Inspector clearly provides that the petitioner shall continue to draw the salary of the post of Sanitary Supervisor. 4. Learned counsel for the petitioner has submitted that in view of the law settled by the Apex Court in the case of Secretary- Cum-Chief Engineer V/s. Hari Om Sharma, reported in (1998) 5 SCC 87 , the petitioner is entitled for pay of the post of Sanitary Inspector if the work has been taken from him irrespective of the fact that there was any stipulation made in the order of his posting that he shall continue to draw the salary of the post of Sanitary Supervisor. 5. 5. Learned counsel for the Corporation has not been able to contest the said claim of the petitioner except on the ground that there was stipulation made in the order of posting of the petitioner itself that he shall continue to draw the salary of the post of Sanitary Supervisor while exercising the post of Sanitary Inspector. 6. This question was considered long back by the Apex Court in the case of P. Grover V/s. State of Haryana, reported in AIR 1983 SC 1060 , and the Apex Court held that even if there is any such stipulation made while appointing on acting basis on a higher post the person cannot be denied of the minimum pay of the higher post. 7. In the case of the Secretary-Cum-Chief Engineer V/s. Hari Om Sharma (supra), the Apex Court has held as follows : "An agreement that if a person is promoted to the higher post or put to officiate on that post or, as in the instant case, a stop-gap arrangement is made to place him on the higher post, he would not claim higher salary or other attendant benefits would be contrary to law and also against public policy. It would, therefore, be unenforceable in view of Section 23 of the Contract Act, 1872." 8. In the facts of the said case it has been held that "It is true that the respondent, to begin with, was promoted in stop-gap arrangement as Junior Engineer I but that by itself would make no difference to his claim of salary for that post. If a person is put to officiate on a higher post with greater responsibilities, he is normally entitled to salary of that post." 9. In view of the law settled by the Apex Court, this Court does not find any substance in the submission of the learned counsel for the corporation that in view of the aforementioned stipulation made in the order of posting, the petitioner shall not be entitled for salary of the post of Sanitary Supervisor (sicInspector?). 10. Accordingly, this writ petition is allowed. The respondents are directed to pay the basic salary of the scale admissible to the post of Sanitary Inspector to the petitioner and consider his case for regular promotion as against the post of Sanitary Inspector within two months.