M.Y.EQBAL, J. - (1.) PETITIONER is aggrieved by the decision of the respondents whereby his claim for payment of 20 per cent additional pay for discharging the additional duty of Director, Agriculture for a period from 1.2.1999 to 31.12.2000 has been rejected.
(2.) THE facts of the case lie in a narrow compass : Petitioner, at the relevant time, was appointed as Joint Director, Agriculture Centre, in Divisional Agriculture Office, Ranchi on 11.12.1998 and remained on the said post till his retirement i.e. 31.12.2000. Petitioner 'scase in that while he was posted as Joint Director, Agriculture he was given additional charge of Director, Agriculture from 1.2.1999 to 31.12.2000. During that period petitioner said to have discharged full duty of Director, Agriculture and became entitled to 20 per cent extra emoluments for discharging the additional work of Director. Agriculture. It is contended by the petitioner that he filed several representations for payment of additional allowance but the same was not paid till the date of his retirement. After retirement petitioner filed writ petition being WPS No. 3444/2001 for payment of all the retiral dues including 20 per cent emoluments which was disposed of with a direction to the respondents to finalise the claim of the petitioner for payment of retiral dues and other benefits. The claim of the petitioner was rejected by the Agriculture Production Commissioner vide letter dated 30.03.2002. The petitioner thereafter represented to the Government against the order of the Agriculture Production Commissioner. The Government ultimately accepted the claim of 20 per cent additional allowance to the petitioner and decision was communicated by the Deputy Secretary to the Government of Jharkhand vide letter dated 1.1.2003, a copy of which has been annexed as Annexure -5 to the writ petition. Petitioner 'sfurther case is that on the basis of the aforesaid order of the Government, the Accountant General, Bihar and Jharkhand has issued pay slip in anticipation of the approval of the concerned authorities. Surprisingly, the petitioner again received a letter whereby the claim of the petitioner was rejected by the Government which was communicated vide letter dated 12.5.2003 issued by the Deputy Secretary, Government of Jharkhand, Ranchi. A counter affidavit has been filed by the Deputy Secretary, Agriculture, Government of Jharkhand. It is stated that the petitioner while posted as Joint Director, Agriculture has discharged only routine work as Director and not as full fledged Director. It is also stated that petitioner retired as Joint Director of Agriculture, Ranchi. The petitioner is, therefore, not entitled to get additional allowance. The petitioner 'sclaim for 20 per cent pay has been rejected by Cadre Controlling State i.e. Bihar Government by Memo No. 976, dated 30.3.2002. After getting aforesaid letter, a letter dated 12.05.2003 was sent to A.G. Bihar for canceling earlier order.
(3.) A separate counter -affidavit has been filed by the State of Bihar taking the stand that petitioner was assigned to perform the additional duties of Director of Agriculture under Stop gap arrangement. Since the petitioner was not holding the independent charge of Director, Agriculture he is not entitled to get additional emoluments.;