STATE OF BIHAR Vs. PARMANAND SINHA

JUDGEMENT

(1.) HAVING heard learned counsel for the appellants, we do not find any force in this appeal.

(2.) THE respondent -petitioner has been appointed on probation as Assistant Professor in Mining vide order dated 26.2.1969. Having successfully completed the period of probation, he was confirmed. In 1985 he was promoted as Associate Professor. On 16.1.2.1985 (sic), the petitioner was appointed as Incharge Principal on the vacant post of Principal on which post he continued until he superannuated on 31.1.1998. However, the petitioner has not been paid the emoluments of the post of Principal but was paid the emoluments only for the post of Associate Professor for the entire period during which he was discharging the functions of Principal of the College. Having not got the reliefs at the hands of the present appellants, the petitioner, in the first instance, preferred a writ petition being CWJC No. 11139 of 1999. The said writ petition was disposed of vide order dated 18.1.2005 directing the petitioner to submit a representation before the concerned authority with regard to his claim for additional allowance in view of the provisions contained in Rule 103 of the Bihar Service Code. Pursuant thereto the respondent -petitioner has submitted a representation on 5.3.2005 before the Secretary, Science & Technology Department but the same was rejected on 29.11.2005. It appears that the petitioner -respondent in the first instance moved an MJC No. 2436/ 2005 in the writ application which already stood disposed of. However, vide order dated 28.6.2006, the petitioner withdrew the MJC application for enabling him to pursue his remedy in a duly constituted fresh writ petition. This led to filing of CWJC No. 10764. of 2006, out of which this appeal has arisen.

(3.) THE writ petition has been allowed by quashing the order rejecting the representation of the petitioner and directing the appellants to allow additional remuneration in accordance with law for the period 13.1.1986 to 31.1.1998, i.e. for the period during which the petitioner was made to work as Principal of the College. Hence, this appeal.