Dismissed¶36

Fakira Yadav v. The State Of Bihar and Ors.

Patna HC7 Apr 2026CWJC/22270/2013

Case brief

AI extract

What is this about?

CWJC No.22270 of 2013, Patna High Court, Ritesh Kumar J (07-04-2026): deputation allowance driver performing duties in peon post; promotion by incompetent authority (Additional Chief Medical Officer) never approved; driver pay scale conditional on Director-in-Chief approval never given; Finance Department resolution 31.12.2009 (2.5% of basic pay or Rs. 1,000/-); ACP/MACP already granted; writ petition dismissed, no relief.

What did the court decide?

The petitioner's promotion to the post of driver was granted by an authority not competent to do so and was never approved by any higher authority; consequently the petitioner was rightly denied the financial benefits attached to the post of driver, defeating the claim to deputation allowance. ¶35

Fakira Yadav Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner, whose regular post is peon but who has performed driver's duties, is entitled to a direction for payment of deputation allowance of 2.5% of basic pay or Rs. 1000/- per month (whichever is maximum), particularly from respondent no.6. +1 more

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Court's answer

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Ratio / Principle

The Regional Deputy Director's approval to give the petitioner the pay scale of driver was expressly subject to approval by the Director in Chief, Health Services, Government of Bihar, Patna; that approval was never given, so the petitioner has rightly not been granted the financial benefits of the driver's post (including the promotion/pay-fixation relief sought).

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Detailed headnote1 paragraphs

Patna High Court (Ritesh Kumar, J., oral judgment dated 07-04-2026) dismissed a writ petition by a Health Department employee of Munger, appointed as peon on 08.01.1991, who had performed driver's duties from 1996 and claimed (i) deputation allowance of 2.5% of basic pay or Rs. 1,000/- per month, whichever is maximum, per the Finance Department resolution dated 31.12.2009, and (ii) promotion to a Class-III post with driver-post benefits. Held: the promotion to driver was conferred by the Additional Chief Medical Officer, Munger, an authority not competent to grant it, and was never approved by any higher authority; further, the Regional Deputy Director's Memo No. 442 dated 05.12.2002 directing grant of the driver's pay scale was expressly subject to approval by the Director in Chief, Health Services, which was never accorded. Denial of the financial benefits attached to the driver's post was therefore proper. State counsel stated ACP/MACP benefits had already been given. Pending application(s), if any, stand disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22270 of 2013

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Fakira Yadav Son Of Late Shyam Lal Yadav Resident Of Village - Ghosi Tola, Ps - Kotwali, Po District - Munger

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary Cum Commissioner, Department of Health & Family Welfare, Bihar, Patna.

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The Deputy Secretary, Department Of Health and Family Welfare, Bihar, Patna

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The Director In Chief, Health Services, Bihar, Patna

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The Joint Director, Health Services, Bihar, Patna

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The Regional Deputy Director, Health Services, Munger Division, Munger

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The Civil Surgeon Cum Chief Medical Officer, Munger

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The Deputy Chief Medical Officer, Munger

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate : Mr. Yash Raj Singh, Advocate For the Respondent/s : Mr. Suresh Kumar, AC to GP-1

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For the Respondent/s

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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL JUDGMENT

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Date : 07-04-2026

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Heard the learned counsel for the petitioner and

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learned counsel appearing on behalf of the State.

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The present writ petition has been filed for a direction upon the respondents, particularly respondent no.6 to provide the 2.5% of the basic pay or Rs. 1000/-, which is maximum per month as deputation allowance for his work as as driver, whereas his regular post is peon and for grant of promotion from his original post to Class-III post.

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Patna High Court CWJC No.22270 of 2013 dt.07-04-2026 2/4

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The brief facts giving rise to the present writ petition are that the petitioner was initially appointed by the Civil Surgeon Cum Chief Medical Officer, Munger after adopting the processess of appointment on 08.01.1991. After rendering his services for more than six years, the petitioner requested the competent authority on 23.01.1996 to permit him to perform the duties of the driver, since he was having a valid driving license. Vide letter no. 754 dated 28.11.1996 issued under the signature of the Additional Chief Medical Officer, Munger, the petitioner was granted promotion to the post of driver and started performing the duties of driver. Subsequently, vide Memo No. 442 dated 05.12.2002 issued under the signature of the Regional Deputy Director, Health Services, Munger Division, Munger, a direction was issued to grant the petitioner the pay scale of driver and it was mentioned that the said order would be applicable only after confirmation from the Director-In-Chief, Health Services, Government of Bihar, Patna.

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The learned counsel for the petitioner submits that in view of the resolution dated 31.12.2009 of the Finance Department, a decision was been taken that employees who have served on deputation, will be entitled for deputation allowance of 2.5% of the basic pay or Rs. 1,000/-, whichever is maximum, even

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Patna High Court CWJC No.22270 of 2013 dt.07-04-2026 3/4

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then the petitioner has been denied the said benefit and has not been given the benefits attached to the post of driver, including the pay fixation etc.

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Per contra, the learned counsel for the State submits that the petitioner was granted promotion to the post of driver by the Additional Chief Medical Officer, Munger, although, he was not competent authority to do so, but even then the said promotion was given in the same pay scale, in which the petitioner was working prior to the said, so called promotion. The petitioner filed different representations before the then Additional Chief Medical Officer, Munger by giving his willingness to work on the post of driver and taking into consideration the willingness shown by the petitioner, he was directed to perform the duties of the post of driver in his own pay scale, therefore there is no question of making payment of any deputation allowance, since the petitioner was never sent on deputation as a driver.

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The learned counsel for the State further submits that the petitioner has beenpaid all the benefits attached to the post, on which he was appointed i.e. Peon and since he was directed to perform the duties of the driver, taking into consideration his willingness, for which he had filed representation before the Additional Chief Medical Officer, Munger, therefore he is not

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Patna High Court CWJC No.22270 of 2013 dt.07-04-2026 4/4

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entitled for the relief sought for in the present writ petition. The benefits of ACP/MACP have already been given to the petitioner.

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Having heard the learned counsel for the parties and after going through the documents, this Court finds that the petitioner was promoted on the post of driver by an authority, who was not competent to do so and the said promotion was never approved by any higher authority and even the approval to give pay scale of driver to the petitioner, given by the Regional Deputy Director, Health Services, Munger was subject to approval by the Director in Chief, Health Services, Government of Bihar, Patna. But, the said approval was never given in the case of the petitioner and, therefore rightly so he has not been granted any financial benefits attached to the post of driver.

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