RAM SEWAK SINGH Vs. STATE

JUDGEMENT

(1.) ALTHOUGH time was granted vide order dated 10.12.2001 for filing counter affidavit but no counter affidavit has been filed and it is submitted by the State counsel that although instructions have been asked for no instructions have been received. The controversial point regarding grant of promotion to the petitioner during his service period when juniors have been promoted had already been decided by this Court in CWJC No. 5881 of 1996. It was specifically ordered that the petitioner should be given notional promotion from the date his juniors have been promoted although he would not be entitled to any arrear pay on the basis of the promotions to be granted. The grievance of the petitioner is that neither the pay fixation, has been made on the date Of retirement on the basis of the notional promotion to be effective from 1.7.1989 nor revised retiral benefits had been made uptill -now. This writ petition is disposed of directing the respondent Nos. 1 and 4 to fix up the pay of the petitioner on the date of retirement as per notional promotion to be granted to him with effect from 1.7.1989 as per decision given by this Court in CWJC No. 5881 of 1996 then revise the pension, gratuity and leave encashment within a period of eight weeks from the date of the presentation of a copy of this order from the side of the petitioner. Such sanction order shall contain 5% penal interest over and above the statutory interest as per Rules, from the date of due till the date of sanction. On receipt of such -sanction order the respondent no. 5 shall act on it and pass necessary PRO. and G.P.O. within a period of four weeks next thereafter.

(2.) THE writ petition is thus, disposed of.