Research › Search › Judgment

Jharkhand High Court · body

2006 DIGILAW 1036 (JHR)

Pasupati Chaudhary v. State of Jharkhand

2006-08-08

PERMOD KOHLI

body2006
JUDGMENT Permod Kohli, J. 1. Petitioner was denied promotion to the post of Sub Inspector of Police. He filed a writ petition', being C.W.J.C. No. 2112 of 1999, claiming promotion from the date his juniors were promoted. This petition was disposed of vide order dated 29th September, 1999 with a direction to the respondents to consider the claim of the petitioner for promotion from the date his juniors were promoted on the basis of recommendation of the Departmental Promotion Committee held in the year 1994. Consequent upon the aforesaid order, petitioner has been granted promotion vide order dated 14th June, 2001 with effect from 15th September, 1994. However, he has been allowed monetary benefits with effect from the date of joining the post. Petitioner, thereafter, joined the post on 27th June, 2002. 2. Petitioner has again come to this Court seeking a direction for payment of arrears of salary with effect from the date of his promotion i.e. 15th September, 1994 on the ground that persons, junior to him. were granted monetary benefits with effect from the said date. Thus, he is entitled to arrears of salary. 3. I have learned Counsel appearing for the parties. 4. Petitioner was denied promotion and his juniors were promoted. This Court vide order dated 29th September, 1999 directed the consideration of the petitioner for promotion with effect from the date his juniors were so promoted. Respondents have now promoted the petitioner with effect from the date persons junior to him. were promoted. This clearly indicates acknowledgment of the right of the petitioner, who was earlier denied promotion for no valid reasons. 5. In view of the above circumstances, petitioner is entitled to the monetary benefits also, as he was denied promotion illegally. 6. Hon'ble Supreme Court in the case of Food Corporation of India v. S.N. Nagarkar reported in 2002 (1) Supreme 364 , has refused to interfere in the order of the High Court allowing monetary benefits from the date, the employee was ordered to be promoted. Ratio laid by the Hon'ble Supreme Court is applicable to the facts of this case. 7. This petition is, accordingly, allowed, impugned order dated 14th June, 2001 is quashed to the extent, it denies monetary benefits to the petitioner from the date of promotion. Ratio laid by the Hon'ble Supreme Court is applicable to the facts of this case. 7. This petition is, accordingly, allowed, impugned order dated 14th June, 2001 is quashed to the extent, it denies monetary benefits to the petitioner from the date of promotion. Accordingly, direction is issued in the nature of mandamus commanding the respondents to pay the monetary benefits to the petitioners with effect from 15th September, 1994, the date juniors to him have been granted promotion as Sub Inspector of Police vide order impugned in this petition. Petition allowed.