Panchanan Sahay vs State of Bihar and Another

Amareshwar Sahay, J.—Heard Mr. V. Shivnath, learned counsel appearing for the petitioner and learned J.C. to G.P. II appearing for the

State.

The petitioner retired on 31.10.1995 as Super Time Selection Grade Head Assistant from the Office of the Deputy Commissioner, Dhanbad.

It is said that the petitioner was compulsorily retired on 09.11.1983 by the order of the Deputy Commissioner, Dhanbad, which was challenged

by him in CWJC No. 1368 of 1983 (R) and was quashed by the High Court by order dated 16.04.1990 vide Annexure-2, consequently, the

petitioner joined the post of Assistant in the Selection Grade on 23.07.1990.

After joining, the petitioner represented, to give him due Senior Selection Grade Scale with effect from 01.04.1981, as was given to the persons

junior to him but It is alleged that his case was not considered and then the petitioner retired from service on 31.10.1995 on completion of the age

of 58 years. However, he continued to represent, asking him to give due Senior Selection Grade and Super Time Senior Selection Grade as was

given to others.

Thereafter by issue of order dated 14.02.1996 as contained in Annexure-7, provisional promotion was given to the petitioner on the post of

Senior Selection Grade and Super Time Senior Selection Grade with effect from 01.04.1981 and 01.03.1989 respectively but it was directed that

the provisional promotion shall be effective from 31.10.1995 i.e. the date of retirement of the petitioner without any monetary benefit.

The petitioner has challenged the second part of the order i.e.Annexure-7 whereby he has not been given the monetary benefit.

Mr. V. Shivnath, learned counsel for the petitioner has argued that the order depriving the benefit of promotion to Senior Selection Grade and

Super Time Senior Selection Grade is absolutely illegal, arbitrary and against the Government orders and Circulars as contained in Annexures-5

and 6 to the writ application and, therefore, prayer has been made to give direction to the respondents to give the monetary benefits consequent to

his promotion to Senior Selection Grade and Super Time Senior Selection Grade with effect from 01.04.1981 and 01.03.1989 respectively and to

pay all the dues with interest.

On the other hand learned counsel for the State, after referring to various paragraphs of the counter affidavit, has submitted that the respondents

have neither withheld nor denied the due promotional benefits rather the same shall be paid to the petitioner, no sooner the approval from the

Finance department of the Government is received, which has been sought for vide Office Memo. No. 206 dated 14.12.1996 and 770 dated

09.09.1997.

In view of the stand taken by the Respondents and submission made by the learned State counsel, this application is disposed of with a direction

to the Deputy Commissioner, Dhanbad to take all possible steps to get the required approval from the competent authority of the State

Government so that the petitioner is paid his due monetary benefit consequent to his promotion aforesaid within a period of eight weeks from the

date of receipt/production of the copy of this order, failing which, the petitioner shall be entitled to get the monetary benefits with an interest @ 6%

per annum over the amount so calculated.

This writ application stands disposed of.