LAWS(PAT)-1995-5-36

DUDH NATH UPADHYAY Vs. STATE OF BIHAR

Decided On May 09, 1995
Dudh Nath Upadhyay Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) ALL the three writ applications, the reliefs and the questions of law being common, with consent of parties, have been heard together and are being disposed of by this common judgment/order.

(2.) IN all the three writ applications, the grievance of the petitioners, which has been pressed, is that although they were given regular promotion from the posts of Junior Engineer to the posts of Assistant Engineer with effect from 27.12.1978 but have been illegally and arbitrarily denied the monetary benefit, including in the consequential revised scale, arising therefrom for the period 27.12.1978 to 27.12.1988 and have accordingly prayed for quashing of the order/notification of their promotion in so far as it denied the aforesaid benefit.

(3.) SIMILARLY , in the other two writ applications, in short, the facts are that the petitioners were initially appointed as Junior Engineers in the Irrigation, now Water Resources Department of the Government of Bihar. Later, they were initially either given charge of the sub -division by their posting as Sub - divisional Officer against the post of Assistant Engineer or by virtue of seniority were entitled for promotion with effect from 27.12.1978 and consequently the notifications were issued giving them promotion as Assistant Engineer with effect from 27.12.1978 but were denied the monetary benefit of salary etc. for the period 27.12.1978 to 22.2.1988 purporting to be in the light of the Finance Department letter dated 22nd February, 1988, contained in Annexure 7 to the first writ application.