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2004 DIGILAW 788 (PAT)

Chandrashekhar Ojha v. State Of Bihar

2004-08-04

NARAYAN ROY

body2004
Judgment 1. Heard counsel for the parties. 2. This writ application substantially is directed against the order as contained in annexure 3 dated 11th December, 2000, whereby and whereunder necessary directions have been issued to pay consequential monetary benefits to the petitioner on promotion from the date of his joining. 3. Learned counsel for the petitioner submitted that it is manifest from annexure 3 that the petitioner was promoted to the post of Inspector (Arms) vide Police Order No. 201/97, but consequential monetary benefits have been directed to be paid from the date of his joining with effect from 10th of May, 2000. It is further submitted that junior to the petitioner, namely, Nawal Kishore Chaudhary, was also promoted to the same post with effect from 1997 and all consequential monetary benefits on account of promotion were given to him with effect from the date of promotion itself. Learned counsel contended that the question, which has arisen in this case, has been set at rest by several judgments of this Court and the Apex Court, wherein it is held that consequential monetary benefits must be paid to the Government servant with effect from the date of promotion irrespective of their joining and in this connection reliance has been made to the case of Md. Hafiz V/s. State of Bihar and Ors. [2003(2) Patna Law Journal Reports, 44]. 4. JC to SC 10, however, submitted that since the petitioner joined on the promotional post in the month of May 2000 he would be entitled for consequential monetary benefits from the date of his joining and not from the date of promotion. 5. It appears from the materials on record that the petitioner earlier had moved this Court in C.W.J.C. No. 10278 of 1997 against an order of supersession and during the pendency of the writ application aforesaid the petitioner was promoted as Inspector (Arms) with effect from 10th of May, 2000, but from the prospective date and not from the date the juniors to the petitioner were promoted. It further appears that this Court while disposing of the writ application aforesaid directed the authorities concerned to reconsider the case of the petitioner on the basis of his representation for retrospective promotion from the date his juniors were so promoted. It further appears that this Court while disposing of the writ application aforesaid directed the authorities concerned to reconsider the case of the petitioner on the basis of his representation for retrospective promotion from the date his juniors were so promoted. But, somehow or the other, the authorities while disposing of the representation of the petitioner have not properly followed the direction of this Court and again they have erred in holding that the petitioner is entitled for consequential monetary benefits with effect from the date of his joining. 6. Having heard counsel for the parties and considering the facts and circumstances of the case, it is held that the petitioner would be entitled for consequential monetary benefits on account of his promotion with retrospective effect, i.e. with effect from 1st September, 1997 in the like manner as this benefit has been extended to one Nawal Kishore Chaudhary. 7. For the reasons aforementioned, this writ application is allowed, that part of the order, as contained in annexure 3, whereby and whereunder direction has been issued to pay the consequential monetary benefits to the petitioner with effect from the date of his joining is set aside and the authorities concerned are directed to pay the consequential monetary benefits to the petitioner with effect from 1st September, 1997 forthwith and not beyond a period of three months from the date of receipt/ production of a copy of this order. 8. It goes without saying that on account of payment of consequential monetary benefits to the petitioner, the petitioner would be entitled for his revised pension, etc.