JUDGMENT : Pramath Patnaik, J. In the accompanied writ application, the petitioner has inter alia prayed for quashing the order as contained in memo dated 09.05.2007 whereby the claim of the petitioner for granting senior selection grade scale w.e.f. 01.01.1996 i.e. from retrospective effect has been rejected and further prayer has been made for direction upon the respondents to extend the benefit of senior selection grade scale to the petitioner from the date on which his juniors have been granted benefits of senior selection grade scale with all consequential benefits. 2. The factual matrix, as delineated in the writ application, in a nutshell is that the petitioner was initially appointed as Sub-Deputy Collector on 09.12.1974 and by passage of time he was extended the benefits of Junior Selection Grade Scale vide order dated 07.07.1993 w.e.f. 03.09.1990 and by virtue of said promotion, he was posted as Under Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. Thereafter, for some charges, a department proceeding was initiated against the petitioner vide resolution dated 16.08.1996, which the petitioner challenged by filing writ application before Hon'ble Patna High Court. However, after bifurcation of the State of Bihar, the State of Jharkhand in which the petitioner was posted at the relevant point of time, dropped the proceeding so initiated against the petitioner vide order dated 27.08.2004 and basing on such development, the writ application so filed by the petitioner was disposed of. 3. It has further been averred that the petitioner had also filed one writ application, being C.W.J.C. No. 6495 of 2000 for direction upon the respondent to promote him in senior selection grade scale w.e.f. 6.6.1996, which was disposed of vide order dated 12.01.2007 with a direction to the respondents to consider the case of the promotion in senior selection grade in accordance with law with all consequential benefits. Consequently, the petitioner represented before Commissioner-cum-Secretary Personnel and Administrative Reforms Department, Government of Bihar enclosing the order dated 12.01.2007 with a prayer to grant senior selection grade scale w.e.f. 06.06.1996. In response thereof, the department communicated order dated 09.05.2007 by Secretary, Secretary, Personnel, Administrative and Raj Bhasha Department, Government of Jharkhand, Ranchi. Consequently, the petitioner represented before Commissioner-cum-Secretary Personnel and Administrative Reforms Department, Government of Bihar enclosing the order dated 12.01.2007 with a prayer to grant senior selection grade scale w.e.f. 06.06.1996. In response thereof, the department communicated order dated 09.05.2007 by Secretary, Secretary, Personnel, Administrative and Raj Bhasha Department, Government of Jharkhand, Ranchi. It has been averred that since there was no compliance of the order dated 12.01.2007 by the State of Bihar, the petitioner filed a contempt petition being M.J.C. No. 1903 of 2007, which was permitted to be withdrawn with liberty to assail order dated 09.05.2007 before this Hon'ble Court, which necessitated the petitioner to file the present writ application. 4. Learned counsel for the petitioner submitted that the respondents-authority even after dropping of departmental proceeding against the petitioner did not extend the benefit as his juniors have been given by granting the benefit of senior selection grade, which is discriminatory and violative of Article 14 and 16 of the Constitution of India. Learned counsel for the petitioner further submitted that as a matter of fact the petitioner's promotion was kept pending by the respondents-authorities till disposal of departmental proceeding, hence after dropping of such proceeding, the petitioner ought to be extended such benefit from the date his juniors have been promoted in senior selection grade. Learned counsel for the petitioner further submitted that while passing the impugned order dated 09.05.2007 in the light of resolution dated 08.02.1999 of the Finance Department, the respondents-authorities did not take into consideration that persons juniors to him, as mentioned in paragraph 6 and 7 of the writ application, have been granted benefits of senior selection grade w.e.f. the date of their taking over of charge in senior selection grade. It has further been submitted that case of the petitioner was kept before Departmental Promotion Committee, but only because of pendency of departmental proceeding, the matter of his promotion in senior selection grade was kept pending; as such it was not a fresh claim, hence, in the facts and circumstances of the case, resolution dated 8.2.1999 as well as Rules 58 and 74 of the Finance Rules are not applicable. 5. 5. In support of his submission, learned counsel for the petitioner referred to the decision rendered in the case of Rana Raghunath Prasad Singh v. State of Bihar as reported in [1992] 0 Supreme (Pat) 519; in the case of Union of India & Ors. v. K.V. Jankiraman as reported in AIR 1991 SC 2010 ; in the case of Mahavir Pandey v. State of Bihar as reported in [2000] 1 PLJR 768. 6. Learned counsel appearing for the State of Jharkhand submits that as per Resolution No. 660 dated 08.02.1999, promotion from retrospective effect is not permissible. It has further been submitted that since the petitioner superannuated from service on 31.07.2001, he could not be given promotion to senior selection grade with retrospective effect. Besides Rule 58 of the Service Code says financial benefit will accrue from a date a person joins the post and in such view of the matter, the petitioner is not entitled to get promotion with retrospective effect. Furthermore, Rule 74 of the Jharkhand Financial Rules also prohibits grant of financial sanction with retrospective effect. 7. From perusal of impugned order dated 09.05.2007, whereby the claim of the petitioner for granting senior selection grade scale w.e.f. 01.01.1996 i.e. from retrospective effect has been rejected, it transpires that the claim has been denied taking recourse of Resolution No. 660 dated 08.02.1999 stating that it does not permit promotion from retrospective effect and further reliance has been placed on Rule 58 Bihar Service Code and 74 of the Bihar/Jharkhand Financial Rules. 8. Therefore, the question which falls for consideration before this Court is whether the above-referred Resolution and relevant Rules of Bihar/Jharkhand Financial Rules and Service Code is applicable in this case and/or the petitioner is entitled for the benefit of senior selection grade scale from retrospective effect or from the date on which his juniors have been granted such benefits. 9. Therefore, the question which falls for consideration before this Court is whether the above-referred Resolution and relevant Rules of Bihar/Jharkhand Financial Rules and Service Code is applicable in this case and/or the petitioner is entitled for the benefit of senior selection grade scale from retrospective effect or from the date on which his juniors have been granted such benefits. 9. Admittedly, in the case at hand, due to departmental proceeding the 'Departmental Promotion Committee' kept the matter of promotion of the petitioner pending but that departmental proceeding was dropped after a considerable period of time and during the interregnum period that is from the date of initiation of departmental proceeding till it was dropped or in the case at hand till his superannuation, the petitioner continued to discharge his duties, hence, neither the principle of no work no pay shall apply nor the petitioner can be faulted with for delay in proceeding so as to deny the benefit of senior selection grade with retrospective effect. Furthermore, it is nowhere the case of respondents that the petitioner did not cooperate in departmental proceeding, hence, the departmental proceeding remained pending because of one or the other action on the part of respondents-authorities and not because of any fault of petitioner. 10. The matter of applicability of Rule 58 of Code and 74 of the Rules and also the matter of retrospective promotion has elaborately been dealt with in the case of Mahavir Pandey v. State of Bihar as reported in [2000] 1 PLJR 768 and after taking into note of case laws cited in different judgments, directed the respondents to give benefit from retrospective effect. This Court is in 6 agreements with the laws laid down in the case of Mahavir Pandey (Supra). 11. For the aforesaid facts, reasons and judicial pronouncements, the order dated 09.05.2007 whereby the claim of the petitioner for granting senior selection grade scale w.e.f. 01.01.1996 i.e. from retrospective effect has been rejected is quashed and set aside and the respondents are directed to extend the benefit of senior selection grade scale to the petitioner, with all consequential benefits, from the date on which his juniors have been granted within a period of three months from the date of receipt/production of copy of this order. 12. With the aforesaid observations and directions, the writ petition stands allowed.