Umesh Lal vs The State Of Bihar & Ors on 6 May, 2011
As far as the third issue is
concerned, in the opinion of this Court the
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notional promotion granted to the petitioner
vide Memo No. 203 dated 10.1.2002 w.e.f.
1.2.1996 cannot be granted with a rider that
he would not be entitled to the monetary
benefits. The reasons given by the State
that those persons who have got the monetary
benefits had moved this Court, and
therefore, they were given the benefits, is
not a good enough reason for depriving
others from being granted the monetary
benefits. It has been held in several
decisions including the decisions rendered
by the Apex Court in the case of Shiva
Narayan Lal Vs. State of Bihar & Ors. [1999
(1)PLJR 243] and in the case of Md. Hafiz
Vs. State of Bihar & Ors. [2003 (2) PLJR 44]
that the material benefits cannot be
withheld to the government servant who has
been granted promotion notionally or
retrospectively. As such the writ
application is allowed in part. The
petitioner would be entitled to the monetary
benefits to the post of an Assistant
Engineer from the year 1996. The retiral
dues should be accordingly recalculated on
the basis of this order within a period of
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three months from the date of
receipt/production of a copy of this order
and the dues should be paid to him within a
period of six months thereafter. However,
this Court does not accept the contention of
the petitioner that he should be granted
promotion from 1989, or that he would be
entitled to an additional pay under rule 89
and 103 of the Bihar Service Code.
Sanjay/A.F.R. ( Sheema Ali Khan, J.)