J.L. TIKOO Vs. STATE AND ORS.

JUDGEMENT

(1.) In compliance to judgment dated 11.05.2000 rendered by this Court in SWP No. 951/1988 on consideration of the case of the petitioner, Govt. Order No. 83-ASH of 2001 dated 13.09.2001 has been issued. In pursuance whereof, sanction has been accorded to the (i) Grant of notional promotion in favour of petitioner to the level of Joint Director w.e.f. 24.10.1981 to 28.04.1982; and (ii) Grant of notional promotion to the level of Director w.e.f. 03.05.1987 to 05.06.1991. The grievance of the petitioner is that notional promotion granted is in contravention to the judgment dated 11.05.2000, furthermore is to the disadvantage of the petitioner as he has retired in the year 1994, therefore, would not get any benefit in pursuance of said Govt. order dated 13.09.2001.

(2.) In the earlier filed SWP No. 951/1988 titled J.L. Tickoo v. State and another, it has been noticed that admittedly the petitioner had been appointed as Veterinary Assistant Surgeon in the year 1956 whereas the private respondents were appointed as such in the years 1957 and 1958. It has also been noticed that the official respondents had taken a stand that private respondents were given higher grade earlier to the petitioner that is how they were treated as senior. The petitioner was promoted as Project Officer in the year 1969 whereas private respondents were promoted in the year 1974. Petition in the said premise was allowed and respondent-State stand directed as under:-

(3.) In the order dated 13.09.2001 passed in compliance to the judgment dated 11.05.2000, it has been recorded that one Dr. I.S. Bakshi was granted promotion to the level of Joint Director on 24.10.1981 vide Govt. Order No. 176-GAD of 1990 dated 25.04.1990 and Dr. Narotam Singh from 29.04.1982 to 30.01.1983 on notional basis and from 04.01.1983 on regular basis. The petitioner was promoted to the level of Joint Director w.e.f. 29.04.1982 vide Govt. Order No. 76-GR of 1990 dated 25.04.1990. Private respondents, viz. Dr. I.S. Bakshi and Dr. Narotam Singh were elevated to the level of Directors w.e.f. 03.06.1987 and 01.08.1990 respectively vide Govt. Order No. 153-ASH of 1991 dated 21.06.1991 and the petitioner was promoted to the level of Director w.e.f. 02.04.1993 vide Govt. order No. 72-ASH of 1993 dated 02.04.1993. Thereafter, sanction has been accorded for grant of notional promotion in favour of the petitioner so as to bring him at par with said two doctors. Now the claim of the petitioner is that he should have been granted monetary benefits to which he was entitled to. Therefore, the word 'notional benefits' incorporated deprives him of his valuable rights.