NARINDER SINGH CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The financial benefits, pay scale etc. attached to the post of Assistant Director (Legal) in the of Directorate of Agriculture were granted in favour of the petitioner w.e.f. 23/8/2016 when he was regularly promoted to this post. Prayer of the petitioner is that these benefits ought to have been released to him w.e.f. 30/6/2014. The respondents have turned down petitioner's request. Hence, the instant petition.

(2.) There is no dispute on facts :-

(3.) The petitioner's prayer for release of emoluments attached to the post of Assistant Director (Legal) for the period 30/6/2014 to 22/8/2016 has been turned down by the respondents on the ground that the R&P Rules for the post of Assistant Director (Legal) were not in existence prior to 19/7/2016. Petitioner was promoted as Assistant Director (Legal) only on 23/8/2016, therefore, emoluments for the said post cannot be paid to him for the period 30/6/2014 to 22/8/2016.