BHOLA PD.SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for quashing only that part of order by which notional promotion was given without any consequential financial benefits as contained in memo No. 3230 dated 14.9.2006 in the notification of Revenue and Land Reforms Department of Jharkhand dated 14.9.2006 (Annexure -3).

(2.) IN the instant case it appears that the petitioner had initially preferred W.P.(S) No. 1812 of 2005 with a prayer and direction against the respondent to pay his retrial dues including the amount of pension, gratuity, unutilised earned leave salary, salary for the months of September, October and part of November, 2000, 1% D.A. as was mentioned in the Last Pay Certificate issued by the Settlement Officer, Saharsha, transfer T.A. which was payable to him for his transfer from Saharsha to Dumka Settlement in September 2000 and the consequential promotional benefits due from 07.06.1994.

(3.) IT appears that the petitioner retired from the post of Assistant Settlement Officer, Dumka. Pursuant to the direction issued by this Court a Contempt Case (Civil) No. 854 of 2005 was also filed which was disposed of on 25.11.2006. The impugned order dated 14.09.2006 was issued vide memo No. 3230 dated 14.9.2006 by the Under Secretary to the Government in which it has been stated that under the direction and in compliance to order dated 17.6.2005 passed by the Hon'ble High Court in W.P. (S) No. 1812/2005, Shri Bhola Prasad Singh, i.e. the petitioner herein is being given notional promotion w.e.f. 7.6.94 on the post of Assistant Settlement Officer in the pay scale of Rs.2000 -60 -2300 -75 -3200 - 100 -3800. At paragraph -2 of the impugned order it has also been indicated that the promotion will not entitle for any claim of arrears for that period. However, it will be applicable for revision of pension. The petitioner is aggrieved by this letter since he has been denied all the arrears in view of the notional promotion given.