- (1.) HEARD Mr. V. Shivnath, learned senior counsel appearing for the petitioner and Mr. Rajesh Shankar, learned SC -I for the respondents.
(2.) THE facts, which are not disputed, are that the petitioner while holding the post of Geologist in the Department of Mines and Geology was made Incharge Deputy Director, Geology by issue of notification dated 04/04/1996 (Annexure -1). He discharged the duty of the Deputy Director till 29/06/2001, i.e. more than 4 years at various places such as, Daltonganj, Ranchi and Dumka. While he was officiating the post of Deputy Director in the Department of Geology at Dumka, on the retirement of the Director Incharge of Geology, he being the senior most Geologists, by issue of Annexure -6 dated 29/06/2001, was made Director of Geology and Mines on officiating basis. The petitioner took the charge of Director on 30/06/2001. According to the petitioner, he discharged the duties and function of a Director, Mines and Geology with full satisfaction to all concerned and he superannuated from the said post on 30/06/2003.
(3.) THE claim of the petitioner is that as per Rule 58 and Rule 103 of the Jharkhand Service Code, he is entitled to have the salary and allowances attached to the post of Deputy Director and of the Director for the period he discharged the duty and function of Deputy Director and Director respectively. In support of his submissions, Mr. Shivnath relied on a decision of a learned Single Bench of Patna High Court in the case of "Dr. Sachita Kumar Sinha V/s. State of Bihar & Others, reported in 1995 (1) P.L.J.R. 362".;