- (1.) Heard learned counsel for the parties.
(2.) The correctness and legality of the order dated 26.08.2009, passed by learned Single Judge in W.P.(S) No. 2674 of 2003 is being assailed by the respondents-State of Jharkhand, appellant herein. The learned Single Judge directed the appellant-State to make payment of the salary and other allowances to the writ petitioner for the work taken from him for the post of Deputy Director for the period from 04.04.1996 to 29.06.2001 and for the post of Director, Mines and Geology for the period from 30.06.2001 till the date of his superannuation i.e. 30.06.2003 after deducting the salary already paid to him. He was further entitled to the retiral benefit on the basis of his pay as Director, Mines and Geology, as he was holding the said post on the date of his retirement. From the undisputed facts on record, it appears that writ petitioner was never promoted to the post of Deputy Director, Department of Geology or Director, Mines and Geology on substantive basis, though vide notification dated 04.04.1996 (Annexure-1) and notification dated 29.06.2001 (Annexure-6), he was made to discharge the duties of his posts Deputy Director and Director of the Geology and Mines respectively on officiating basis. He was holding the substantive post of Geologist in the Department of Mines and Geology when was made Incharge Deputy Director, Geology vide notification (Annexure-1).
(3.) Writ petitioner claimed the salaries and allowances attached to the post of Deputy Director and of the Director by relying upon the Rule 58 and 103 of the Jharkhand Service Code. He also relied upon the judgment of a learned Single Bench of the Hon'ble Patna High Court in the case of "Dr. Sachita Kumar Sinha vs. State of Bihar & others, 1995 1 PLJR 362".;