- (1.) HEARD the learned counsel for the parties.
(2.) PETITIONER , in this writ application, has prayed for a direction upon the Respondents to pay him the pay -scale of the District Supply Officer on which post he had retired from service on 31.01.1998. The contention of the petitioner is that he was promoted to the post of District Supply Officer on 17.12.1996, and as such, he is entitled to the pay -scale fixed for the post of District Supply Officer, since the date of his joining the promoted post. In the counter affidavit, filed on behalf of the Respondent -State of Bihar, the stand taken is that the petitioner was originally appointed on the post of Senior Assistant Marketing Officer and was drawing the pay -scale of the post of Marketing Officer, which was revised in the scale of Rs.5500 - 9000/ -. The pay -scale of the Assistant District Supply Officer on the revised scale was fixed at Rs. 6500 -10500/ -with effect from 01.01.1996. During the pendency of this writ application, the petitioner was granted promotion notionally to the rank of the Assistant District Supply Officer on 15.10.2008 though with effect from 01.08.1996. The Respondent therefore, concedes that the pay - scale of the District Supply Officer would be payable to the petitioner from the effective date i.e. from 01.01.1996.
(3.) LEARNED counsel for the Respondent -State of Bihar would want to explain that the petitioner's claim that he was promoted to the pot of the District Supply Officer appears to be misconceived. As a matter of fact, though the petitioner was asked to officiate on the post of the District Supply Officer but he was not promoted to the aforesaid post. Vide Annexure -1, upon which the petitioner has based his claim, the petitioner has been asked to officiate the higher post on his existing pay -scale, till further orders.;