Patna High Court
Fakira YadavversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The promotion to driver was invalid due to lack of competent authority and requisite approval, so the petitioner is not entitled to the deputation allowance or driver benefits.
Summary
The petitioner, a peon in the Bihar Health Services, sought a direction for the respondents to grant him a deputation allowance of 2.5% of basic pay or Rs 1,000 per month and promotion to a Class‑III driver post. He had been assigned driver duties in 1996 by the Additional Chief Medical Officer, but that authority was not competent to promote and the subsequent pay‑scale order required approval from the Director‑in‑Chief, which was never obtained. The State argued that the petitioner continued to draw his original peon pay scale and therefore was not on deputation, rendering the allowance claim untenable. The Court examined the validity of the promotion and the necessity of higher‑level approval for financial benefits. Finding that the promotion was invalid and no approval was ever granted, the Court held that the petitioner was not entitled to the deputation allowance or the driver benefits and dismissed the writ petition.
Issues considered
- Whether the petitioner is entitled to a deputation allowance of 2.5% of basic pay or Rs 1,000 per month for performing driver duties.
- Whether the promotion to driver by the Additional Chief Medical Officer, who lacked competent authority, is valid.
- Whether the absence of approval from the Director‑in‑Chief bars the petitioner from receiving financial benefits attached to the driver post.
Subjects
- promotion
- deputation allowance
- administrative authority
- writ petition
- health services
- pay scale
- competent authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22270 of 2013
======================================================
Fakira Yadav Son Of Late Shyam Lal Yadav Resident Of Village - Ghosi
Tola, Ps - Kotwali, Po District - Munger
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary Cum Commissioner,
Department of Health & Family Welfare, Bihar, Patna.
2. The Deputy Secretary, Department Of Health and Family Welfare, Bihar,
Patna
3. The Director In Chief, Health Services, Bihar, Patna
4. The Joint Director, Health Services, Bihar, Patna
5. The Regional Deputy Director, Health Services, Munger Division, Munger
6. The Civil Surgeon Cum Chief Medical Officer, Munger
7. The Deputy Chief Medical Officer, Munger
... ... Respondent/s
======================================================
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
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 07-04-2026
Heard the learned counsel for the petitioner and
learned counsel appearing on behalf of the State.
2. 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.
Patna High Court CWJC No.22270 of 2013 dt.07-04-2026
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3. 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.
4. 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
Patna High Court CWJC No.22270 of 2013 dt.07-04-2026
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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.
5. 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.
6. 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
Patna High Court CWJC No.22270 of 2013 dt.07-04-2026
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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.
7. 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.
8. Accordingly, from the considerations made above, I
do not find any merit in the writ petition and the same is
dismissed.
9. Pending application, if any, shall also stand disposed
of.
(Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR
CAV DATE NA
Uploading Date 08.04.2026
Transmission Date NA
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