JUDGMENT 1. - All these three writ petitions involve a short but a common question of law and, therefore, these writ petitions are disposed of by this common order. 2. All the petitioners have claimed that they have been promoted to the senior Scale of Rajasthan Accounts Service against the vacancies of 1988-89 by order dated 28.9.88, Annexure-2, but have not been given the benefits available to them on the basis of this retrospective promotion. All the petitioners had retired from service before passing of the order dated 28.9.88. 3. According to the petitioners, vacancies in the cadre of Accounts Officer (Senior Scale) were available as on 1.4.1988 but the D.P.C. had not been convened against these vacancies before their retirement from service. The D.P.C. met some times after their retirement and on its recommandations, they were promoted on the post of Senior Accounts Officers after having been adjudged suitable. The petitioners were entitled to their pay being fixed in the Senior Scale of Rajasthan Accounts Service on the Basis of their deemed promotion w.e.f. 1.4.1988, but the same was not given despite their representations from time to time. Ultimately, they filed the writ petitions before the court. 4. In the reply filed by the respondents it has been admitted in para 5 that the posts of Senior Accounts Officer were available in the year 1988-89, but there was no vacancy available on 1.4.1988. The vacancies became available only, during the year 1988-89. The D.P.C. could not be held in the month of April, 1988 because there was stay order granted by the court in D.B. Civil Writ Petition No. 2232/87 Rajvi Narpat Singh v. State of Raj . After vacation of they stay order, the D.P.C. was convened and order dated 28.9.88 was passed. The petitioners had retired before the actual promotions could be made. The respondents have asserted that the provisions of Rule 28(11)(A) of the Rajasthan Accounts Service Rules, 1954 have no applicable to the cases of the petitioners. The petitioners could not have been promoted on 28.9.88 because they had retired by then and under the Rajasthan Civil Service (Joining Time) Rules, 1981 the pay during the joining time would be same as the pay which was drawn at the time of relinquishment of the charge of the old post and the persons get benefits of pay etc. The petitioners could not have been promoted on 28.9.88 because they had retired by then and under the Rajasthan Civil Service (Joining Time) Rules, 1981 the pay during the joining time would be same as the pay which was drawn at the time of relinquishment of the charge of the old post and the persons get benefits of pay etc. in promotion only on joining and assuming charge of promotion post and not otherwise. The respondents have also alleged that the petitioners had an alternative remedy available to them by way of appeal under the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976. 5. It is clear from the averments made by both the parties that vacancies in the cadre of Accounts Service (Senior Scale) were available during 1988-89. It is also a fact that the D.P.C. met after the retirement of the petitioners and the order of promotions were issued on 28.9.88 giving promotions to the petitioners against the quota of the year 1988-89. Obviously, therefore, the vacancies were available at some point of time during the period from 1.4.1988 till the retirement of the petitioners. Once the petitioners had been given promotion against the quota of 1988-89, logically they are entitled to have their pay fixed in the senior Scale of Rajasthan Accounts Service. Plea of the respondents that they are not entitled to the benefit of pay fixation because they had not joined on the promoted post, in my opinion is wholly untenable. It was not a voluntary act of the petitioners that they did not join on the promotion post. They were prevented from joining because the D.P.C. was not held at a particular point of time, may be, on account of stay order passed by the court. Therefore, it was merely a matter of chance so far as the petitioners are concerned. The Court had, no doubt, granted but the petitioners cannot suffer on account of the stay order passed by the court, particularly when they were not parties to the petition filed by Rajvi Narpat Singh. Moreover, the reason given by the respondents cannot be accepted because if the promotional benefits are denied to the persons who are promoted on the recommendations of the D.P.C. held in a particular year, an extremely anomolous situation would arise. Moreover, the reason given by the respondents cannot be accepted because if the promotional benefits are denied to the persons who are promoted on the recommendations of the D.P.C. held in a particular year, an extremely anomolous situation would arise. If D.P.C. was to be held in the year 1989-90, the petitioners would have claimed that they are entitled to the benefit of notional pay fixation in terms of Rule 28(11)(A) of 1954 Rules. They may not have been entitled to actual pay but their pay would have been fixed by deeming them to be actually promoted with retrospective effect. Mere fact that the D.P.C. met in the same year at subsequent point of time, cannot result in denial of benefit of pay fixation to the petitioners in the Senior Scale of Rajasthan Accounts Service. The simple way to avoid this anamoly is to interprete the Rules harmoniously. On such interpretation, it must be held that a person who has been promoted against the vacancies of a particular year on the recommendations of the D.P.C., he is entitled to have his pay fixed on the higher post i.e. the promoted post, notwithstanding the fact that in the mean-time they had retired from service. The petitioners may not be entitled to the benefit of actual pay, but they are certainly entitled to the benefit of notional fixation of their pay in the Senior Scale of Rajasthan Accounts Service. The logical extension of this would be that they would be entitled to receive pension at a higher rate including other retirement benefits on the basis of their his notional pay fixation in the Senior Scale of Rajasthan Accounts Service. 6. In the result, the writ petitions are allowed. It is declared that the petitioners are entitled to have their pay fixed in the Senior Scale of Rajasthan Accounts Service on the basis of their deemed promotion against the quota of 1988-89 and they are also entitled to the benefit of increased pension etc. on the basis of their deemed promotion to the Senior Scale of Rajasthan accounts Service. The respondents are directed to pass necessary orders and make payment of enhanced benefits to the petitioners within 3 months from the date of presentation of copy of this order.Parties are left to bear their own costs.Writ Petition Allowed. *******