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PATNA HIGH COURT
S.B.Sinha and G.C.Bharuka JJ.
Rana Raghunath Prasad Singh
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 7554 of 1990 ;
Decided On : NOVEMBER 5, 1992
CONTEMPT OF COURT - Bihar Service Code Rule 58 - Bihar Military Police Service - Promotion - Monetary Benefits - Petitioners promoted with retrospective effect - Entitled to monetary benefits from the date of promotion.
Fact of the Case:
Petitioners, Subedars in the Bihar Military Police Service, were denied promotion despite being eligible. They filed a contempt petition alleging non-compliance with a court order directing their promotion. The court found that the petitioners were not promoted due to administrative delays and not due to any fault of their own.
Finding of the Court:
The court held that the petitioners were entitled to monetary benefits from the date of their promotion, despite Rule 58 of the Bihar Service Code, which generally prohibits payment of arrears to employees who join a post later than the date of promotion. The court reasoned that the petitioners were ready and willing to work but were prevented from doing so due to administrative delays.
Issues: Whether the petitioners are entitled to monetary benefits from the date of their promotion, despite Rule 58 of the Bihar Service Code.
Ratio Decidendi: The court relied on the Supreme Court decision in Union of India v. K. V. Janki Raman, which held that the normal rule of "no work no pay" is not applicable to cases where an employee is willing to work but is prevented from doing so by the authorities. The court also relied on its own decision in Dr. Paras Nath Prasad v. State of Bihar, which held that Rule 58 of the Bihar Service Code does not prohibit the grant of pay and allowances to an employee who is granted a notional promotion.
Final Decision: The court directed the respondents to pay the petitioners their salary, allowances, and other benefits with effect from the date of their promotion, within two months from the date of the order.
S. B. Sinha, G. C. Bharnka, JJ.
1. - The question as to whether the petitioners are entitled to monetary benefits by way of enhancement of salary increments etc. , with effect from 31-12-1981 and consequent upon their payment in the aforementioned date is the question involved in this application.
2. Bereft of all unnecessary details the fact of matter is as follows :
3. The petitioner No.1 was appointed in the Bihar Millatry police service on 11-8-1955 and was promoted to the post of Subedar on officiating basis on 16-5-1975. He was also confirmed subsequently from that date.
4. The petitioner No.2 was initially appointed in Bihar Military police service on 6-1-1957 and was ultimately promoted to the post of subedar. on officiating basis with effect from 1-7-1975 and was confirmed on that post with effect from 26-7-1976.
5. The petitioners claim themselves entitled to be promoted as deputy Superintendent of police in the police service on the basis of their respective seniority or other employee.
6. The State issued two circulars dated 5-11-1980 and 20th July, 1981 in terms whereof the seniority was directed to be counted from the date from which the incumbent started substantive offlciation and consequently the petitioner was not considered for promotion. The said circulars came up for consideration in C. W. J. C. No.3130 of 1981.
7. A Learned Single Judge of this court upon taking into consideration the Sergeant Major Rules of 1944 held as follows :
"i therefore feel that the authorities should re-examine their stands in the light of the aforesaid observations and deeper study of the decisions invplved before setting any criteria to be followed in the cases for determining the seniority of the members of the police force at all levels. I have, therefore, no hesitation in quashing Annexure-5 and 6 and directing the respondents concerneds to re-examine the situations in the light of the above discussions and to give a final decision in accordance with law in this regard. Before they do so, they sliould refrain from disturbing the method prescribed in the 1944 Sorgeant Major Rules. I say, State that in the police manual also there is no Rule to indicate as to in what manner it would effect that Sergeant Major Rules. Needless to say that in view of the interim order of this court the promotions, if any, made shall be subject to the re-appraisal of the priciple involved in Annexures-5 and 6. "
8. As the respondents allegedly did not comply with the said order, an application for initiation of a proceeding under the Contempt if Courts act was filed on 10-7-1981 which was registered as M. J. C. No.97/87. In the meanwhile, it appears, ad hoc promotion were being given to the persons junior to the petitioners.
9. By an order dated 21-4-1987 this Court, therefore granted three months time to the State to enable the Director General of Police and bis subordinate officers concerned to rectify the situation, which, unless that is done, would in all likelihood, amount to disobedience of the order of this Court.
10. As despite the said notice no order of promotion was issued, the said petition was admitted and the notices were issued to opposite parties no 2 to 5 thereof. On 22-9-1987 a notification was produced in the court to indicate that this courts order passed in C. W. J. C. No.3130 of 1981 has been compelled with in terms whereof the petitioners were allegedly promoted on temporary and/or ad hoc basis.
11. This court thereafter made certain observations in its order dated i6-10-1997 in the aforementioned application. By an order dated 1-11-1987 which is contained in Annexure-5 to the writ application, however 11 Subedars including the petitioners were given promotion with effect from 31-12-1981.
12. The petitioners have however, contended that in terms of the aforementioned order they have not been given any monetary benefits by way of enhancement of salary, increments etc. , with effect from 31-12-1981. The petitioners fil
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