S.R. Sen, J.

1. Heard learned senior counsel for the petitioner Mr. I. Lalitkumar assisted by Mr. Rommel as well as Mr. Y. Nirmolchand, learned counsel for the respondents.

None is present for the Union of India.

Petitioner's story in brief is that he was eligible for appointment to the post of Associate Prof. w.e.f. 01.06.2009 and the vacancy arose in the year 2001 but for certain reason the DPC could not be held on time and subsequently held on 28.10.2010. And the DPC found the petitioner fit to be promoted to Associate Professor Dentistry Department, RIMS, Imphal. And promotion was given effect from 28.10.2010 by the order dated 5.2.2011. Petitioner, after receiving the order, accepted the post with a protest that he should be given the promotion w.e.f. 01.06.2009 which is at (Annexure-A/13) to the writ petition.

2. Since there was no action taken by the RIMS authority (respondents), petitioner approached this Court by way of writ petition.

3. Heard learned senior counsel Mr. I. Lalitkumar who submits that petitioner was due for his promotion from Assistant Professor to Associate Professor on 1.6.2009 but no DPC was held nor given promotion with effect from the date on which he become eligible, so necessary direction may be passed.

4. On the other hand, learned counsel for the respondents Mr. Y. Nirmolchand submits that though petitioner has become eligible for the post of Associate Professor w.e.f. 1.6.2009; but since no DPC was held he could not claim his promotion w.e.f. 1.6.2009 i.e. from the date of eligibility.

5. Learned counsel for the respondents also further submits that Service Jurisprudence speaks that the effect of promotion is from the date of DPC held.

6. After considering the submission advanced by the learned counsel for the parties, I am of the considered view that, when a person is eligible for promotion and post is lying vacant, he should be given effect from the date of eligibility and not from the date of DPC held.

7. Principle of natural justice and Prudent logic demands, when a person is eligible for a promotion and vacancy is available, he should be given effect of his promotion from the date of his eligibility. DPC could not be held in time for which in my view, petitioner cannot be held responsible or victimised for delay DPC. Therefore, I direct the respondents authority that the petitioner's promotion to be given with effect from the date of his eligibility for promotion i.e. 1.6.2009 and he to get all the benefit from the date of his eligibility i.e. 1.6.2009. We must not forget that, a person is not promoted in time, when he become eligible, it may adversely effect his further promotion and seniority too.

8. Therefore, I direct the respondents to comply the above direction and to modify the order dated 5.2.2011 in the light of the order passed above within a month of this order

9. Registry is directed to furnish a copy of this order to learned counsel Mr. Y. Nirmolchand of the RIMS within 48 hrs. who shall in turn furnish a copy of this order to the authority for compliance. With this observation and direction, writ petition stands allowed and disposed of.

Petition allowed.