ORDER The petitioner was an employee of Bihar State Construction Corporation. As an employee of the State the petitioner was entitled to a time scale and, accordingly, he was entitled to yearly increments. The petitioner was deputed to the Department of Welfare and was assigned duty under the integrated Child Development Scheme. After his deputation the petitioner started receiving same pay as he was receiving in his parent Department. On the increment dates he was also accorded increments in the time scale in which the petitioner was in his parent department. This continued. The Audit had reported that as a deputationist the petitioner was only entitled to salary which he was drawing in the parent. Department while on deputation and was not entitled to any increment and, accordingly, felt that the petitioner has made over-drawing to the tune of about eighty two thousand rupees. This has mainly caused the petitioner to approach this court. 2. A Government employee is entitled to pay protection. He is also entitled to protect his status. Taking those together, once a time scale is granted to an employee he is entitled to such time scale. The same cannot be denied to him. On being deputed the petitioner did not loose his right to be remunerated in the same manner as he was remunerated in his parent office. He was not only entitled to the pay which he was drawing in his parent office while working in his deputed office but was also entitled to the basis benefits of the service of the parent office which includes increments. The Auditor, therefore, had no business to make such a noisy objection to the payment of increments to the petitioner. 3. The learned counsel for the respondents has stated that the matter is pending consideration by the State Government and, accordingly, a month's time be granted. In as much as the law on the score is so clear that I did not feel it necessary to wait for the Government's decision. 4. In such view of the matter, the writ petition is allowed, the Audit objection is quashed and the respondent-employer is directed to pay the amount withheld on account of alleged excess drawal by the petitioner forthwith but not later than one month from today.
4. In such view of the matter, the writ petition is allowed, the Audit objection is quashed and the respondent-employer is directed to pay the amount withheld on account of alleged excess drawal by the petitioner forthwith but not later than one month from today. In the event the said payment is not made within one month the same shall carry interest at the rate of ten per cent per annum. 5. Let a copy of this order be handed over to the learned counsel for the State.