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2004 DIGILAW 424 (PAT)

Triloki Nath v. State Of Bihar

2004-04-13

NARAYAN ROY

body2004
Judgment 1. Heard counsel for the parties. 2. By this application the petitioner prays for issuance of a direction upon the respondents to grant him the senior selection grade with effect from the date it was given to the juniors. 3. It is submitted by learned counsel for the petitioner that the petitioner superannuated with effect from 31.1.1996 and during his service tenure senior selection grade scale was given to the juniors, but the same was not given to him on account of pendency of a criminal case. It is further submitted that the criminal charges pending against the petitioner were quashed by this Court and ultimately, the petitioner was exonerated and thereafter he superannuated. 4. In the counter affidavit filed on behalf of the respondents, a plea has been taken that since the petitioner has already superannuated and he had not worked on the post he would not be entitled for senior selection grade promotion in view of Rule 58 of the Bihar Service Code. 5. However, it is not denied in the counter affidavit that some of the juniors to the petitioner were given senior selection promotion during the service tenure of the petitioner. 6. A Government servant even if he superannuated would be entitled to get notional promotion and also for the consequential benefits irrespective of the fact that he has not worked. 7. This question has been considered by this Court and this Court in case of Md. Hafiz V/s. State of Bihar and others [2003(2) Patna Law Journal Reports, 44] held that even if a Government servant has superannuated is entitled to be considered for notional promotion and also for consequential monetary benefit. The plea taken by the State Government that the material benefits will be given to the petitioner from the date of his joining appears to be wholly misconceived. 8. The concept of notional promotion is to ensure monetary benefit to the employees, and, therefore, the petitioner must be held to be entitled for notional promotion and also for consequential benefits. 9. Under the circumstances, the respondents concerned are directed to consider the case of the petitioner for senior selection grade scale with effect from the date it was given to the juniors in accordance with law. 10. 9. Under the circumstances, the respondents concerned are directed to consider the case of the petitioner for senior selection grade scale with effect from the date it was given to the juniors in accordance with law. 10. This exercise, however, must be completed by the authorities within a period of three months from the date of receipt/production of a copy of this order. 11. With the direction/observation aforesaid, this application is disposed of.