(1.) The applicant herein has prayed for (i) setting aside the order Annexure A -6, (ii) declaring Annexure A -l void ab -initio to the extent it gives promotion to the applicant to the post of Superintendent Grade -I on notional basis instead of full salary and (iii) the respondents may be directed to pay the arrears of salary of the applicant after fixing his pay in the basic pay scale of Superintendent Grade -I w.e.f. 18.12.1997 the date of which he is entitled for promotion and also give all other consequential benefits.
(2.) The case of the applicant, in brief, is that he was working as Supdt. Grade -II in the I. & P.H. Department but was not given promotion for which he was entitled w.e.f. 18.12.1997. The respondents though promoted 12 officials but the applicant was not even considered for promotion despite being eligible. Aggrieved by non -consideration for promotion, the applicant made a representation which was accepted and the applicant was promoted w.e.f. 18.12.1997 vide Annexure A -l, but he was denied the monetary benefits of the promotion. He made another representation vide Annexure A -2 which was finally dismissed vide Annexure A -6. Hence, this original application.
(3.) It is averred in the reply filed by respondents that the applicant was promoted as Superintendent Grade -I on 18.12.1997 on notional basis, but monetary benefits were given to him w.e.f. 17.7.2000. The applicant was not formally appointed as Superintendent Grade -I, but was adjusted against a vacant post, therefore, was not entitled for the benefits as claimed more so because he has not discharged the duties as Superintendent Grade -I w.e.f. 18.12.1997 to 17.7.2000 and assumed the charge of the post of Superintendent Grade -I on 18.7.2000 (F.N.), therefore, the salary for the period of notional promotion has rightly been denied to him and he has been correctly given the monetary benefits of promotion from the date he actually joined post of Supdt. Grade -I.