PRAKASH NARAIN SHARMA Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed with the grievance that petitioners were allowed to work in their own pay scale as Principal vide orders dt.28/08/2003. However, they were regularly promoted as Principal on the recommendations of departmental promotion committee against vacancy years 2001 -02 vide order dt.20.10.2007 - in terms whereof, notional fixation of pay of the post of Principal was made vide order dt. 03/1/2008 (Ann.6).

(2.) MAIN core contention of the Counsel is that once they were discharging duties of the post of Principal since August, 2003, they are entitled to actual pay & allowances of the post held by them and notional fixation of pay under the garb of regular appointment against vacancy years 2001 -02 in pursuance of order dt. 20.10.2007 (Ann. 5) though may not have deprived them of their future pay but that has certainly denied of actual salary of the post which they were continuously holding while discharging duties whereof since August, 2003. In support Counsel placed reliance upon judgment of this Court in Gopi Nathan Nair v. State CWP 9271/2005 decided vide judgment dt.20.05.2008.

(3.) IT is relevant to mention that petitioners will not be put to any future loss since on regular promotions having been accorded vide order dt.20.10.2007 (Ann. 5), notional benefits have already been granted by respondents vide fixation orders dt.03.11.2008 (Ann. 6).