KRISHNA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the State and the Accountant General, Bihar, Patna.

(2.) At the relevant time, petitioner served on the substantive post of Correspondence Clerk in the office of the Senior Electrical Inspector, Bihar, Patna and was asked to hold additional charge of the post of Head Clerk, Licence.and Head Clerk, Inspection under office order No. 19 dated 15.2.1996 and office order No. 56 dated 9.8.1996 respectively. While holding the additional charge of the aforesaid two posts, petitioner superannuated with effect from 31.1.1997.

(3.) By filing this writ petition, petitioner has assailed Memo No. 492 dated 22.2.2005, Annexure-7 whereunder he has been allowed 20% of his basic pay as officiating allowance for holding the aforesaid two posts which according to the counsel for the petitioner is contrary to sub-clause (b) of Rule 103 of the Bihar Service Code (hereinafter referred to as the Code), as thereunder employer should pay officiating allowance for each of the posts held by the Government servant.