JUDGMENT AND ORDER : L.S. Jamir, J. The petitioner was initially appointed as Traverser under the Directorate of Land Records and Survey, Government of Nagaland by order dated 21-12-1976. The petitioner retired as Additional Director, Directorate of Land Records and Survey on 31-01-2012. While the petitioner was serving as Additional Director, one Shri Puhongol Angami was serving as Director under the Directorate of Land Records and Survey. The said Shri Puhongol Angami was initially appointed as Investigator under the Directorate of Evaluation by order dated 22-10-1975 with effect from 11-10-1975. Thereafter, by Notification dated 16-12-1977, the said Shri Puhongol Angami was appointed as Land Records and Survey Officer with effect from 24-11-1977. The continuity of the said Shri Puhongol Angami as Director in the Directorate of Land Records and Survey beyond 11-10-2010 was challenged by the present petitioner which led to filing of W.P (C) No. 265 (K) of 2011. The said writ petition was disposed of by order dated 23-02-2015 whereby, the writ petition was allowed with the following directions:- "In that view of the matter, the State respondents are directed to count the service of the respondent No. 4 w.e.f 11/10/1975 and he should also be deemed to be retired by taking into account Section 3 (1) of The Nagaland Retirement from Public Employment (Second Amendment) Act, 2009 w.e.f. 11/10/2010. Thereafter, the respondents should consider the case of the petitioner for promotion to the post of Director of the said Directorate as per law as on the date the post of Director, Land Record & Survey became vacant. It is also observed here that due to over stay of service of respondent No. 4 on the basis of absence of old records, the salary payment made for over stay should not be recovered inasmuch as the respondent No. 4 has been made to work for the extended period of service." 2. During the pendency of W.P (C) No. 265 (K) of 2011, both the petitioner and the respondent No. 4 i.e. Shri Puhongol Angami therein retired from service. During the pendency of W.P (C) No. 265 (K) of 2011, both the petitioner and the respondent No. 4 i.e. Shri Puhongol Angami therein retired from service. However, after disposal of W.P (C) No. 265 (K) of 2011, the State respondents in compliance with the directions passed by this Court on 23-02-2015 in W.P (C) No. 265 (K) of 2011 and on approval of the Cabinet, Notification dated 13-07-2016 was issued by which the State respondents created a supernumerary post of Director for retrospective promotion of the petitioner as Director of Land Records and Survey for the period 01-11-2010 to 31-01-2012. However, the Notification dated 13-07-2016 provided as under:- "1. The officer concerned cannot claim pay and allowances and the same cannot be counted for pension benefits. 2. The retrospective promotion of the officer concerned will be for notional purpose only sans any financial advantage. This promotion is accorded for the sole objective of complying with the Hon'ble High Court Order Dt. 23.02.2015 3. This has the clearance of P & AR vide U.O No. 492 Dt.09.11.15 and concurrence of Finance Department vide RFC/ESTT No. 25/02 Dt. 17.12.15." 3. Being aggrieved due to the non-payment of pay and allowances and pensionary benefits for the period with effect from 01-11-2010 to 31-01-2012 as Director of Land Records and Survey, the present writ petition has been filed. 4. Heard Mr. Imti Longjem, learned counsel for the petitioner. Also heard Ms. S. Mere, learned Government Advocate appearing for the State respondents. 5. Mr. Imti Longjem, learned counsel for the petitioner submits that this Court after considering the facts and circumstances of the matter in W.P (C) No. 265 (K) of 2011 came to the conclusion that the said Shri Puhongol Angami who was the respondent No. 4 in the said writ petition had overstayed in service and he should have been retired with effect from 11-10-2010 in terms of Section 3 (1) of The Nagaland Retirement From Public Employment (Second Amendment) Act, 2009. This Court had further directed that the salary payment made for the overstay should not be recovered from the respondent No. 4/Shri Puhongol Angami as he has been made to work for the extended period of service. This Court had further directed that the salary payment made for the overstay should not be recovered from the respondent No. 4/Shri Puhongol Angami as he has been made to work for the extended period of service. Learned counsel for the petitioner submits that in terms of the directions passed by this Court on 23-02-2015, the State respondents had complied with the same by issuing the Notification dated 13-07-2016 creating a supernumerary post of Director to accommodate the petitioner for being promoted to the post of Director for the period with effect from 01-11-2010 to 31-01-2012. However, the respondents had wrongly taken a decision that the petitioner cannot claim pay and allowances as well as pensionary benefits for the period 01-11-2010 to 31-01-2012 as Director of Land Records and Survey. He submits that non-promotion of the petitioner to the post of Director while he was in service was not due to the fault of the petitioner but due to the wrong decision of the respondents for allowing the said Shri Puhongol Angami to overstay in service. It is submitted that the petitioner was wrongly denied promotion and therefore, when this Court had given a clear directions to consider the case of the petitioner for promotion to the post of Director in the Directorate of Land Records and Survey as per law as on the date the post of Director became vacant, it was incumbent on the part of the respondents to have considered the factual situation of the case and thereafter, granted him arrears and pensionary benefits for the period 01-11-2010 to 31-01-2012. In his support, learned counsel for the petitioner places reliance in the case of Gopi Chand Vishnoi v. State of U.P and Another, reported in (2006) 9 SCC 694 . 6. Ms. S. Mere, learned Government Advocate, on the other hand, submits that the State respondents had considered the case of the petitioner and had thereafter, issued the Notification dated 13-07-2016 on the basis of the observations made by the P & AR Department in its Note dated 09-11-2015. The non-payment of arrears and pensionary benefits for the period 01-11-2010 to 31-01-2012 was due to the reason that the petitioner had not served in the said post for the said period and by the time the Notification dated 13-07-2016 was issued, the petitioner had already retired as Additional Director. The non-payment of arrears and pensionary benefits for the period 01-11-2010 to 31-01-2012 was due to the reason that the petitioner had not served in the said post for the said period and by the time the Notification dated 13-07-2016 was issued, the petitioner had already retired as Additional Director. In that view of the matter, no arrears and pensionary benefits were granted to the petitioner for the aforesaid period. 7. I have considered the submissions forwarded by the learned counsel for the parties. 8. This Court by order dated 23-02-2015 passed in W.P (C) No. 265 (K) of 2011 had already come to the conclusion that the said Shri Puhongol Angami should have retired with effect from 11-10-2010 in terms of Section 3 (1) of The Nagaland Retirement From Public Employment (Second Amendment) Act, 2009. Further direction was given to the respondents to consider the case of the petitioner for promotion to the post of Director of Land Records and Survey as per law as on the date, the post of Director became vacant. In terms of the directions given by this Court, the respondents had considered the case of the petitioner and thereafter had created a supernumerary post of Director in the Directorate of Land Records and Survey to accommodate the petitioner as Director for the period with effect from 01-11-2010 to 31-01-2012. However, by the impugned Notification dated 13-07-2016, no arrears and pensionary benefits were given to the petitioner for the said period. 9. It is to be borne in mind that the promotion of the petitioner to the post of Director in the Directorate of Land Records and Survey was denied wrongly inasmuch as, the respondents had permitted Shri Puhongol Angami to overstay in service beyond 11-10-2010. This would clearly indicate that the petitioner was wrongly denied promotion to the post of Director with effect from 01-11-2010 till the date of his retirement i.e. 31-01-2012. As the promotion was wrongly denied, this Court is of the considered opinion that the petitioner shall be entitled to pensionary benefits as Director of Land Records and Survey with effect from 01-11-2010. 10. As the promotion was wrongly denied, this Court is of the considered opinion that the petitioner shall be entitled to pensionary benefits as Director of Land Records and Survey with effect from 01-11-2010. 10. Further, considering the fact that this Court had directed the State respondents not to recover the salary paid to the said Shri Puhongol Angami due to overstay in service and also taking into consideration that the petitioner had not served as Director for the said period with effect from 01-11-2010 to 31-01-2012, this Court is not inclined to give a direction to pay arrear salary to the petitioner. However, it is made clear that the petitioner shall be entitled to post retiral pensionary benefits as Director of Land Records and Survey with effect from 01-11-2010 onwards. Consequently, the Notification dated 13-07-2016 stands modified. 11. Writ petition is allowed. 12. No costs.