NATHESHWAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed on behalf of the sole Petitioner for giving him monetary benefits of promotion of the post of Registrar. By letter No. 509 dated 24.7.1998 the Petitioner was promoted on the post of Registrar but it was described as notional promotion, with a rider that this will not give any monetary benefits.

(2.) COUNSEL for the Petitioner placing reliance on the decision of this Court in Dr. Paras Nath Prasad V/s. State of Bihar 1990 (2) P.L.J.R. 248, submitted that where promotion is withheld to the government servant but subsequently given from due date, he cannot be denied consequential monetary benefit of promotion merely because he did not discharge functions of the higher post, for, having denied promotion in good time authorities cannot put him to any position of disadvantage on account of their own acts of omission. The plea appears to be well founded and finds support from the above decision of this Court rendered by a Division Bench after considering various decisions of the Apex Court and different High Courts on the point.