NALINI KANT SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Shri K. K. Venugopal, learned Senior Counsel for the petitioner under the "Supreme Court Senior Advocates Free Legal Aid Scheme" and Shri B. B. Singh, learned counsel for the State of Bihar.

(2.) The petitioner - Shri Nalini Kant Sinha - retired from service as Deputy Secretary to the Government of Bihar upon attaining the age of superannuation on 31 - 1- 1979. It was his case that he should have been considered for promotion to the post of Joint Secretary with effect from 31-12-1975 upon his completion of two years service as Deputy Secretary, or, at any rate, on 14-4-1976 when one of his juniors, Shri Ashutosh Chakraborty was so promoted. It is not disputed that Shri Ashutosh Chakraborthy was a junior and had been so promoted on 14-4-1976. Shri Ashutosh Chakraborthy was paid salary in the higher cadre of Joint Secretary from 14-4-1976 onwards. It is only on 22-4-1988 that the Government of Bihar bestirred itself to correct the position so far as the petitioner was concerned which also considered cases of some others as well - and made an order in terms following:

(3.) The case of the respondent-State is that statutory rules do not permit the payment of the difference of salary in such cases on retrospective notional promotion. Explaining the circumstances under which the said Shri Ashutosh Chakraborthy was paid, it was stated, that the payment was the result of a mistake and that, having regard to the circumstances of the case, the Government did not initiate proceedings for the recovery of the amount.