Sidheshwar Dhari Sinha Vs. State of Bihar and ors. - Court Judgment

Excerpt:

service law - monetary benefits--on account of notional promotion fact of the case similar to the fact of md. hafiz v. state of bihar and others, 2003 (2) pljr 44 and squarely covered by the order passed therein--in which it was held that concept of notional promotion is to ensure monetary benefits to employee--application disposed of in terms of order passed in said case--direction to pay consequential monetary benefits. - - 4. a counter affidavit has been filed on behalf of the respondent state, wherein it is precisely stated that in view of the approval of the finance department, the petitioner would not be entitled for consequential benefits of notional promotion and he would be entitled only for revised pension on the basis of the pay fixed pursuant to the notional promotion......notional promotion and the benefits, as such, should be given to such employees only from the date of his promotion.6. it appears that this court relying upon the judgment of the supreme court in case of food corporation of india v. s.n. nagarkar, air 2002 sc 808, directed the authorities concerned to pay the consequential monetary benefits on account of notional promotion from the date he was notified for promotion. the fact of this case is almost similar to the fact of md. hafiz, (supra) and this case is squarely covered from the order of this court, as referred to above.7. in the result, this application is disposed of in terms of the order passed in md. hafiz, (supra) and the state authorities are directed to pay the consequential monetary benefits on account of the promotion given to the petitioner, as referred to above, within a period of three months from the date of receipt/production of this order.

Judgment:

Narayan Roy, J.

1. Heard counsel for the parties.

2. The parts of the orders, as contained in Annexures 1 and 2 dated 30th April, 1997 and 26th June, 1998, are under challenge, whereby and whereunder it is held by the State authorities that on account of notional promotion, the petitioner will be entitled only for notional fixation of salary and benefit in pension.

3. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner was granted junior selection grade scale with effect from 6.10.1982 and senior selection grade scale with effect from 6.10.1986 vide orders, as contained in Annexures 1 and 2, respectively after his superannuation, but the authorities are not paying the monetary benefits accruing to the petitioner on account of the aforesaid promotions. It is further submitted that the authorities are denying the monetary benefits to the petitioner only on the ground that since it is notional, promotion, he would not be entitled to get his salary at the enhanced rate and he would only be entitled for the revised pension as per fixation of his pay on account of notional promotion.

4. A counter affidavit has been filed on behalf of the respondent State, wherein it is precisely stated that in view of the approval of the Finance Department, the petitioner would not be entitled for consequential benefits of notional promotion and he would be entitled only for revised pension on the basis of the pay fixed pursuant to the notional promotion. The reason disclosed in the counter affidavit appears to be in consonance with Rule 58 of the Bihar Service Code.

5. Learned counsel appearing on behalf of the petitioner now submits that the question involved in this writ application is squarely covered by an order passed by this Court in the case of Md. Hafiz v. State of Bihar and Ors., 2003 (2) PLJR 44. In the case of Md. Hafiz, (supra), this Court held that the concept of notional promotion is to ensure monetary benefits to the employees and, therefore, material benefits cannot be denied to a Government servant, who has been granted notional promotion and the benefits, as such, should be given to such employees only from the date of his promotion.

6. It appears that this Court relying upon the judgment of the Supreme Court in case of Food Corporation of India v. S.N. Nagarkar, AIR 2002 SC 808, directed the authorities concerned to pay the consequential monetary benefits on account of notional promotion from the date he was notified for promotion. The fact of this case is almost similar to the fact of Md. Hafiz, (supra) and this case is squarely covered from the order of this Court, as referred to above.

7. In the result, this application is disposed of in terms of the order passed in Md. Hafiz, (supra) and the State authorities are directed to pay the consequential monetary benefits on account of the promotion given to the petitioner, as referred to above, within a period of three months from the date of receipt/production of this order.