KISHANLALKALAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. It appears that notification was issued on 1/07/1981 and because of this notification, the petitioner would have been given the benefit of retrospective promotion from the date on which he was found fit for promotion. But it appears, unfortunately his date of superannuation was 30/06/1981 and it is only because of this reason, he could not get the advantage of the notification issued on 1/07/1981. Those whose date of superannuation fell after 1/07/1981 had been admittedly given advantage of this notification and have been given benefit of retrospective promotion. It appears, therefore, that as the petitioners date of superannuation fell on 30/06/1981, he could not be given advantage of the notification, which has been From the Judgment and Order dated 21/08/1986 of the High court of Patna in C. W. J. C. No. 1389/86 given to other officers similarly situated. It also appears that the notification was issued after some delay.

(2.) Looking at all these circumstances, in our opinion, the petitioner is entitled to the advantage of the notification, which was issued on 1/07/1981 and he may be given advantage accordingly.

(3.) Parties are directed to bear their own costs.