IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P (S) No. 6745 of 2002
Padaman Ram Paswan ..... Petitioner
Versus
The State of Jharkhand & Others ..... Respondents
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CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
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For the Petitioner - Mr. Prabhash Kumar
For the Respondents - Mr. J.C to Sr. S.C-II
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5/25.7.2011
In this writ petition, the petitioner has prayed for quashing the part of the order
by which some condition has been imposed with the order of his promotion.
It has been stated that though the petitioner has been given promotion w.e.f
1.4.1984 to the post of Head Master, arrears of difference of pay or other financial
benefits have not been given to the petitioner. It has been submitted that when the
promotion has been given w.e.f 1.4.1984 by order dated 26.1.2001, the petitioner is
also entitled to get the arrears of difference of pay from the said date and the condition
imposed in the order is arbitrary.
Counter affidavit has been filed contesting the writ petition. It has been stated,
inter alia, that the order has been passed giving promotion to the petitioner w.e.f
1.4.1984 as the petitioner was found entitled for promotion from that date. The
petitioner, thereafter, is entitled to get the pay scale of Head Master and other
benefits. Since the petitioner has not worked as Head Master, he is not entitled to get
salary of Head Master from the said date.
Having heard learned counsel for the parties, I find no justification for the
petitioner’s grievance. Since the petitioner has got notional promotion from his due
date and he has not discharged his duty as Head Master, non-payment of scale of
Head Master with retrospective effect does not appear to be unreasonable. I,
therefore, find no ground to interfere with the impugned order. This writ petition
is, accordingly, dismissed.
S.K (NARENDRA NATH TIWARI, J)