Research › Search › Judgment

Patna High Court · body

2012 DIGILAW 633 (PAT)

State of Bihar v. Uma Kant Sharan

2012-04-16

CHAKRADHARI SHARAN SINGH, R.M.DOSHIT

body2012
ORDER This Appeal under Clause 10 of the Letters Patent preferred by the State Government arises from the judgment and order dated 8th July, 2011 passed by the learned single Judge in CWJC No. 179 of 2007. The Appeal is filed after expiry of the period of limitation. The appellants have, therefore, filed Interlocutory Application No. 8750 of 2011 under Section 5 of the Limitation Act. Pending the Appeal, the respondent-writ petitioner has passed away on 24th August, 2011. The appellants have, therefore, filed Interlocutory Application No. 2720 of 2012 for substituting the deceased respondent by his heir and legal representative the wife, Smt. Bina Saran. 2. Under Government Notification dated 25th August, 1999, the writ petitioner was promoted as Deputy Secretary with effect from 1st June, 1997. The question is that of payment of difference in salary from 1st June 1997 (the due date of promotion) till 27th August, 1999 (the actual date of promotion). Since the State Government did not pay the amount of difference in salary, the writ petitioner approached this Court under Article 226 of the Constitution in CWJC No. 179 of 2007. The petition was contested by the State Government. The State Government relied upon Rule 58 of the Bihar Service Code and the Government Circular dated 4th April, 1985; particularly clause (v) thereof. It was the stand of the State Government that a Government servant is not entitled to receive the amount of difference in salary for the period he had not actually served on the higher post. 3. Nevertheless, the learned single Judge has allowed the writ petition. He has directed the State to pay the amount of difference in salary to the petitioner for the period from 1st June, 1997 to 27th August, 1999. Therefore, this Appeal. 4. Learned advocate Mr. Tej Pratap Singh has appeared for the appellants. He has relied upon the aforesaid Rule 58 of the Bihar Service Code and the Government Circular dated 4th April, 1985. 5. We do appreciate that Rule 58 of the Bihar Service Code read with Rule 74 of the Bihar Financial Rules do not provide payment of salary for the higher post before the date the Government servant takes over charge of the higher post. 5. We do appreciate that Rule 58 of the Bihar Service Code read with Rule 74 of the Bihar Financial Rules do not provide payment of salary for the higher post before the date the Government servant takes over charge of the higher post. In other words, for the deemed period of promotion during which a Government servant has not served on the higher post, he is not entitled to salary of the higher post. 6. In the present case, we do not intend to interfere for the reason that the period of deemed promotion is very short; the financial liability of the State Government may not be more than a few thousand rupees. Besides, the Government servant has passed away. The claim has been lodged by his widow. 7. For the aforesaid reasons, the Appeal and the Interlocutory Applications are rejected.