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Paras Nath Prasad vs The State Of Bihar & Ors on 2 September, 2016

24. Further question is regarding applicability of provisions of Rule 58 of the Jharkhand Service Code and Rule 74 of the Jharkhand Financial Rules. So far as rider about applicability of Rule 58 of the Jharkhand Service Code is concerned, said issue has already been decided in the case of Dr. Paras Nath Prasad v. State of Bihar & Ors (supra) as such putting the said rider is nothing but an arbitrary exercise for denying the legitimate claim of the writ petitioner-
Patna High Court - Orders Cites 0 - Cited by 16 - J Saran - Full Document

Paluru Ramkrishnaiah & Ors. Etc vs Union Of India & Anr on 28 March, 1989

......... In normal circumstances, when the retrospective promotions are affected all benefits flowing therefrom, including monetary benefits, must be extended to an officer who has been denied promotion earlier. Thus, it is evident from the judgments, as referred above, that the principle which cannot be denied therefrom is that if a promotion is denied to an employee because of the mistake of the State and due to no fault of such employee, then the authorities are bound to pay the arrears of salary etc. upon giving him the benefits of retrospective 5 2026:JHHC:9483 promotion after realizing for mistake. This principle would be extended even to those case where due to sheer negligence, carelessness or on account of mala fides an employee has been denied with the benefit of promotion at a proper time when it becomes due and gives him afterwards though retrospectively.
Supreme Court of India Cites 7 - Cited by 198 - N D Ojha - Full Document
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