STATE OF JHARKHAND Vs. EJAJ AHMAD KHAN

JUDGEMENT

(1.) THIS appeal by the appellants -State is directed against the judgment dated 28th November, 2006, passed in W.P.(S) No. 3411 of 2006, whereby the learned Single Judge disposed of the writ petition with a direction to the State to allow monetary benefit to the petitioner (respondent herein) of the pay scale of Rs. 10,000 -15,200/ - with effect from 23rd May, 2001 till 23rd May, 2004.

(2.) THE undisputed facts are that: On 27th August, 2001 the respondent was deputed as In -charge Regional Director of Ranchi Regional Forensic Science Laboratory, Ranchi in the pay scale of Rs. 6,500 -10,500/ -, which he was getting since September, 1993. Subsequently, his pay was fixed in the pay scale of Rs. 10,900/ -. Although his case was recommended for regular promotion but no action was taken. As a result, the petitioner filed writ petition being W.P.(S) No. 1059 of 2004, which was disposed of on 25th February, 2004 with a direction to the respondent -State to consider the claim of the petitioner (respondent herein) for promotion to the post of Regional Director. In compliance of the said direction the State vide notification tinted 27th March, 2006 promoted the respondent and placed him in a higher pay scale of Rs. 10,000 -15,200/ - with effect from 23rd May, 2001 with further placement in the higher pay scale of Rs. 12,000 -16,500/ - with effect from 24th May, 2004. However, this order was issued with a rider that this promotion in the pay scale of Rs. 10,000 -15,200/ -, granted with effect from 23rd May, 2001, shall be notional in nature. The respondent again moved this Court by filing W.P.(S) No. 3411 of 2006. The learned Single Judge after considering the fact that since 2001 the respondent was discharging the function of Regional Director in the capacity of In -charge Regional Director and having regard to the fact that the respondent was granted promotion on regular basis in the pay scale of Rs. 10,000 -15,200/ - with effect from 23rd May, 2001, held that the petitioner (respondent herein) will be entitled to the monetary benefit with effect from 23rd May, 2001 till 23rd May, 2004.

(3.) WE do not find any force in the submission of the learned Counsel for the appellants. As noticed above, the period for which the respondent continued as In -charge Regional Director, he was paid the pay scale of that post instead of giving officiating allowance as per the provisions contained in Bihar Service Code (now Jharkhand Service Code).