An employee asked to perform a duty of a higher post attached with higher responsibility cannot be deprived of the pay attached to that post.

1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar State Power Holding Company Limited.

2. In the present case, the petitioner is seeking relief of granting the benefit of pay of Accounts Officer as he has worked/officiated on that post for a long time and so much so that he is entitled the benefit of 1st, 2nd and 3rd A.C.P. which was adopted by erstwhile Bihar State Electricity Board.

3. As per the claim of the petitioner he was appointed as Junior Accounts Clerk and in the year 1976, he was promoted to the post of Accounts Assistant in the year 1981 and later on, was promoted to the post of Accountant on 23.02.1988 and thereafter, the petitioner was asked to perform the work of Accounts Officer vide order dated 04.10.2002 and accordingly he joined the post of Accounts Officer, which is apparently clear from Annexure-2 series and since then he continued to perform the duties of Account Officer till his retirement i.e. upto 31.01.2014. While discharging duty of Accounts Officer, the petitioner was posted at different stations including the head-quarters since 2012 and from the head-quarters the petitioner has superannuated.

4. Learned counsel for the petitioner has submitted that the Board had adopted the provisions of Bihar Service Code and made it applicable to the employees of the Board, later on, the Bihar State Electricity Board trifurcated and after trifurcation the Bihar State Power Holding Company Limited has succeeded the assets and liability of the Company including the employees attached to the head-quarters became the employee of the Bihar State Power Holding Company Limited.

5. As per the claim of the petitioner his service condition continued to be governed by the earlier Board Rules as well as the provisions of Bihar Service Code applies to the employees of the Bihar State Power Holding Company mutatis mutandis. In such view of the matter, in terms of Rules-89 and 103 of the Bihar Service Code, the petitioner cannot be deprived of the benefits of higher post, which are attached to the higher post.

6. Learned counsel for the Bihar State Power Holding Company Limited submits that in terms of Board’s Accounts Rule, unless an employee of the accounts department passes the “Lekha Pravin Examination”, cannot be considered for further promotion as the petitioner did not pass the said examination he could not have been promoted to the said post of Accounts Officer on substantive basis, mere direction to perform the duty of higher responsibility if so facto will not give a right to the petitioner to claim the pay and other benefits of higher post.

7. The plea taken by the learned counsel for the petitioner that no examination was conducted till the date of his superannuation was vehemently opposed by the learned counsel for the Power Holding Company and brought a fact that before his superannuation the Board had conducted “Lekha Pravin Examination” in the year 2010 and 2012 but the petitioner did not appear, rather he filed an application for grant of exemption from passing the examination as he has already crossed the age of 50 years.

8. Learned counsel for the Power Holding Company has taken a plea that grant of exemption from examination at the age of 50 years was not applicable to the employees of the Board and also to the employees of Holding Company. The Board vide resolution dated 10.04.1958 took policy decision, providing that the employees of the Board will be governed by Bihar Service Code, The Bihar T.A. Rules, the Bihar Government Servants’ Discipline and Appeal Rules, the Bihar Government Servants’ Conduct Rules and the Bihar government Servants’ Medical Attendance Rules were applicable mutatis mutandis to all categories of the Officer and staffs of the Board other than those who were governed by the Industrial law of the Standing Order framed therein. So, it includes the granting the exemption to the person who has already reached to the age of 50