Jugeshwar Bhatt Vs. State of Bihar and ors. - Court Judgment

Excerpt:
bihar service code, rule 58 - service law--payment of arrear salary--from the date of promotion--for the fault of authorities concerned petitioner should not suffer--he would be entitled to get consequential benefits from the date of promotion irrespective of fact that he has not discharged his duties in between--direction to pay consequential benefits and arrear salary--application allowed. - - state of bihar and others, 1993 (1) blj 369 :1993 (1) patna law journal reports 519. 5. having heard counsel for the parties, i find that the submissions of the petitioner are well founded and the writ petition must succeed. narayan roy, j. 1. heard counsel for the parties. 2. this writ petition has been filed on behalf of the petitioner seeking direction upon the respondents to pay him arrear salary from the date, he has been promoted on the post of sub-inspector of police. the case of the petitioner is that he was promoted to the post of sub-inspector of police with due date i.e., 20.8.1994, but the authorities have decided to pay the promotional benefits to the petitioner from the date of his joining. 3. a counter affidavit has been filed on behalf of the respondents, wherein it is stated that in view of rule 58 of the bihar service code, the petitioner did not discharge his duties of the higher post prior to the date of his joining, therefore, he cannot be allowed salary of that period. 4. learned counsel appearing on behalf of the petitioner, however, submitted that for the fault of the respondents, the petitioner should not suffer inasmuch as that the petitioner was deprived of the promotional avenues earlier due to the fault of the authorities concerned and since he has been promoted with effect from 20.8.1994 he would be entitled to get the consequential benefits from the date of promotion itself irrespective of the fact that he has not discharged his duties in between, therefore, rule 58 of the bihar service code will not come in his way. it is further submitted by learned counsel for the petitioner that the issue in question is covered by several decisions of this court and one of the instances has been given in the case of rana raghunath prasad singh v. state of bihar and others, 1993 (1) blj 369 : 1993 (1) patna law journal reports 519. 5. having heard counsel for the parties, i find that the submissions of the petitioner are well founded and the writ petition must succeed. 6. in the result, this application is allowed and the authorities are directed to pay the consequential benefits to the petitioner on account of his promotion with effect from 20.8.1994. they are, at the same time, directed to pay the arrear salary in between 20th august, 1994 till date of his joining in accordance with law.

Judgment:

Narayan Roy, J.

1. Heard counsel for the parties.

2. This writ petition has been filed on behalf of the petitioner seeking direction upon the respondents to pay him arrear salary from the date, he has been promoted on the post of Sub-Inspector of Police.

The case of the petitioner is that he was promoted to the post of Sub-Inspector of Police with due date i.e., 20.8.1994, but the authorities have decided to pay the promotional benefits to the petitioner from the date of his joining.

3. A counter affidavit has been filed on behalf of the respondents, wherein it is stated that in view of Rule 58 of the Bihar Service Code, the petitioner did not discharge his duties of the higher post prior to the date of his joining, therefore, he cannot be allowed salary of that period.

4. Learned counsel appearing on behalf of the petitioner, however, submitted that for the fault of the respondents, the petitioner should not suffer inasmuch as that the petitioner was deprived of the promotional avenues earlier due to the fault of the authorities concerned and since he has been promoted with effect from 20.8.1994 he would be entitled to get the consequential benefits from the date of promotion itself irrespective of the fact that he has not discharged his duties in between, therefore, Rule 58 of the Bihar Service Code will not come in his way. It is further submitted by learned counsel for the petitioner that the issue in question is covered by several decisions of this Court and one of the instances has been given in the case of Rana Raghunath Prasad Singh v. State of Bihar and others, 1993 (1) BLJ 369 : 1993 (1) Patna Law Journal Reports 519.

5. Having heard counsel for the parties, I find that the submissions of the petitioner are well founded and the writ petition must succeed.

6. In the result, this application is allowed and the authorities are directed to pay the consequential benefits to the petitioner on account of his promotion with effect from 20.8.1994. They are, at the same time, directed to pay the arrear salary in between 20th August, 1994 till date of his joining in accordance with law.