MAHAVIR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE case relates to payment of arrears of salary on promotion from retrospective date. The petitioner, who started his career as writer constable on 18.3.1964, was promoted as A.S.I. Police in 1968. His promotion to the post of Sub -Inspector of Police was due since 1979 but his case remained pending and subsequently granted such promotion from retrospective date. Initially, he was provisionally promoted as Sub -Inspector of Police w.e.f. 1.6.1988 and subsequently from further retrospective date of 1.12.1979 granted vide order dated 8.2.1997. The arrears of salary having not granted on such retrospective promotion, the writ petition was preferred.

(2.) THE respondents opposed the writ petition on the ground that there is bar of promotion from retrospective date under rule 58 of Bihar Service Code and rule 74 of Bihar Financial Rules. Reliance was placed on (unreported) decision of this court in the case of Ramakant Singh and others V/s. State of Bihar & ors in C.W.J.C. no. 11130/98, disposed of on 13.5.1999. Plea has been taken that the petitioner having not performed the duty of higher post of sub -Inspector of Police since 1979, is not entitled for arrears of salary on the principle of 'no work no pay '.

(3.) THIS question fell for consideration before Division Bench of this Court in the case of Paras Nath Prasad V/s. State of Bihar & ors. (1990 (2) P.L.J.R. 248). The writ petition was allowed giving benefit of arrears of salary taking into consideration of rule 58 of Bihar Service Code and the Court held as follows : ''