Entitlement to Additional Pay for Discharging Duties of a Higher Post under Ad Hoc Working Arrangement

The petitioner was adjusted into government service as a Research Assistant (Class III) with a Grade Pay of Rs. 4,200/- following the state takeover of the Bihar Research Society on 02.03.2009

He claimed to have discharged duties on a higher Class II post from 09.07.2017 until he was granted an ad-hoc promotion/working arrangement as Assistant Curator on 01.11.2023

While the state contended that his regular promotion was pending due to a general ban by the General Administration Department, the petitioner sought a mandamus for the payment of salary in the higher pay scale (Grade Pay Rs. 5,400/-) and arrears for the period he worked on the higher post

1. Whether the petitioner is entitled to the pay scale of Grade Pay Rs. 5,400/- (Pay Level-9) applicable to Class II posts while working under an ad-hoc arrangement.

2. Whether the petitioner is entitled to the difference in salary and allowances for the period (09.07.2017 to 31.10.2023) during which he allegedly performed duties of a higher post without formal promotion.

The court primarily relied on the Bihar Finance Department Resolution/Letter No. 7020 dated 24.12.2005 (referenced as 28.12.2005 in parts of the judgment), which governs the financial entitlements of employees officiating on higher posts or under working arrangements.

The rule stipulates that an employee discharging duties of a higher post under such arrangements is entitled to an additional 20% of their basic salary, subject to a maximum cap (specified as Rs. 250/- in this context), rather than the full pay scale of the higher post until regularized by a Departmental Promotion Committee (DPC)

The court examined the State’s contention that the petitioner’s promotion was not regularized but was a "temporary Ad-hoc charge" under a notification dated 01.11.2023

The court noted that while the petitioner claimed the full Pay Level-9 scale, the Finance Department’s guidelines restrict retrospective financial benefits for officiating roles to a percentage of the basic salary

Since the State did not deny that the petitioner had indeed discharged duties of a higher post since 2017, the court reasoned that a final decision regarding these specific officiating allowances was mandatory

Directing the full pay scale (Grade Pay Rs. 5,400/-) at this stage was deemed premature, as that determination rests with the DPC during regular promotion considerations

This decision must be taken within eight weeks. The prayer for the regular pay scale of Rs. 5,400/- was deferred to be considered by the Departmental Promotion Committee at the time of regularizing the petitioner’s promotion