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2000 DIGILAW 482 (PAT)

Brij Kishore Prasad v. State Of Bihar

2000-03-28

SUDHANSU JYOTI MUKHOPADHAYA

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Judgment 1. Heard the counsel for the petitioner and the State. The petitioner who was in the services of the State as Clerk was promoted to Selection Grade scale. However, no order of promotion to super time scale was issued, though petitioner became eligible for such promotion. Subsequently, the petitioner superannuated on 31st October, 1996. 2. In the aforesaid background, the petitioner had to move this Court in C.W.J.C. No. 9641/96 with prayer for grant of promotion to supertime scale with effect from 1.4.1989, on the ground that persons junior to him have been promoted. 3. In the said case, the Respondents filed counter affidavit and took plea that the case of the petitioner was under consideration. 4. Taking into consideration the aforesaid stand of the State, the writ petition was disposed of on 27th April, 1998 with direction to the Respondents to take a final decision in the matter. 5. Admittedly, the case of the petitioner was there after considered and I the Respondents issued a Memo No.1698(22) dated 21st December, 1998. By the said order, the petitioner has been granted promotion to super time scale of Rs. 1500-2750/- with effect from 1.4.1989. However, the said promotion has been given with stipulation that the financial benefits, in accordance with law, will be provided, if found eligible. 6. In the counter affidavit, while different plea taken, but the fact that the petitioner promoted with effect from 1.4.1989 has not been disputed. The Respondents have also not made clear as to what subsequent decision taken relating to payment of financial benefit on such retrospective promotion. 7. The question as to whether a person is entitled for consequential monetary benefit on retrospective promotion or not, fell for consideration before this Court in the case of Sri Mahavir Pandey vs. State of Bihar and others (C.W.J.C.No. 6493/98) [ 2000(1) PLJR 768 ], disposed of on 13th October, 1999, wherein this Court giving reference of this Court, as well as the Supreme Court, held as follows: "In the circumstances, as the case remained pending because of one or other action on the part of the respondents/authorities, there was no laches on the part of the petitioner in the matter of performing the duty of the higher post, juniors have been promoted earlier, on his promotion from retrospective date, the petitioner is entitled for arrears of salary. Accordingly, I direct the respondents to fix the pay of petitioner in the post of Sub-Inspector of Police w.e.f.1.12.1979 and to pay the arrears of salary after adjustment of the amount already paid within a period of two months from the date of receipt/production of a copy of this order. The writ petition is allowed, with the aforesaid observations/directions." 8. In the aforesaid background, if the petitioner had accrued (sicacquired ?) a right to be promoted with effect from 1.4.1989, on promotion of juniors from such retrospective date and if such juniors paid salary from 1.4.1989 in the super time scale, the Respondents cannot deny that benefits of arrears of selary to the petitioner. 9. Accordingly, I direct the Respondents to look into the question as to. whether junior to petitioner promoted to super time scale with effect from 1.4.1989 and paid salary In the said higher scale or not If such benefit has been provided to juniors, the Respondents will pay the arrears of salary in the super time scale for the period from 1.4.1989 to 31st October, 1996 (till the date of retirement), on proper fixation of pay. 10. They will also pay the revised retiral benefits, on such revision of pay, in terms with order of promotion to super time scale, if not yet paid. Both of which are to be paid within four months from the date of receipt/production of a copy of this order. 11. The petitioner may file a representation before the competent authority showing the names of juniors promoted to super time scale with effect from 1.4.1989 and paid salary. 12. The writ petition stands disposed of with the aforesaid observations and directions.