An employee acquitted in a criminal case and granted retrospective promotion is entitled to arrears of salary from the date of retrospective promotion.

1. Heard learned counsel for the parties and perused the records.

2. Petitioner has approached this Court with a prayer for a direction upon the respondent no. 2 for payment of arrears of salary from the date on which respondents have promoted him to the post of Senior Selection Grade/ A.D.M. Rank as well as Joint Secretary, Additional Secretary and Special Secretary, vide Notification No. 3/ Pro. -02 – 01/ 2016 Ka. -7670, dated 2nd September, 2016 and Notification No. 03/ Pro. 02-26/2014, Dated 30th June, 2017 i.e. the intervening period for the post of Senior Selection Grade/ A.D.M. Rank from the period 24.12.2005 to 17.06.2011 for the post of Joint Secretary from the period 18.06.2011 to 02.12.2013 for the post of Additional Secretary from the period 03.12.2013 to 24.11.2016 and for the post of Special Secretary from the period 25.11.2016 to 29.01.2017, vide Notification dated 2nd September, 2016 and Notification dated 30th January, 2017 along with statutory interest for the said intervening period.

Petitioner has also prayed for quashing part (Para-2) of Notification dated 2nd September, 2016 (Annexure-2) and part (para-2) of Notification dated 30th January, 2017 by which respondents have directed that petitioner will be entitled to be given financial benefits with effect from the date of his joining.

3. Brief facts of the case, as has been delineated in the writ petition is that in the year 1981, petitioner was appointed as a Deputy Collector by the Bihar Public Service Commission. An FIR being Bashisth Nagar P.S. Case No. 40 of 1996, dated 8th December, 1996 under Sections 409, 470, 161, 469 and 468 of the Indian Penal Code as well as Sections 7/13 of the Prevention of Corruption Act was lodged against the petitioner. Thereafter, Chargesheet was submitted against the petitioner on 29.06.2005. However, neither petitioner was suspended nor any departmental proceeding had been initiated against him. Thereafter, Charge had been framed against the petitioner on 20.04.2006 and, accordingly, he was tried by the Special Judge in Special Case No. 14 of 2005. Due to long pendency of criminal case, petitioner suffered a lot due to non-consideration of his case for promotion for last 16 years. Petitioner, thereafter, preferred quashing applications before this Court vide Cr.M.P. Nos. 109 of 2012, 885 of 2014 and 2255 of 2015 which was disposed of by directing the trial court to conclude the trial within a period of 6 months, 4 months and 1 month respectively. Thereafter, Trial was concluded and petitioner was acquitted on 11.01.2016.

4. It is specific case of the petitioner that due to prolonged pendency of Criminal case, he had been denied his promotional benefits and therefore, he preferred W.P.(S) No. 5459 of 2003, which was disposed of on 21.03.2012. Pursuant to direction of the Court, petitioner had been granted promotion to Junior Selection Grade but was denied promotion to Senior Selection Grade in the garb of pendency of criminal case. Being aggrieved, petitioner filed Contempt Case (Civil) No. 333 of 2014, which was however dropped. After his acquittal, petitioner again moved before this Court vide W.P.(S) No. 3329 of 2016, which was disposed of with a direction to the respondents to Consider case of the petitioner and pass appropriate order. However, the respondents sat tight over the matter and petitioner had to prefer Contempt Case (Civil) No. 923 of 2017, which was disposed of by this Court. After orders of this Court, petitioner was granted promotion to the post of Senior Selection Grade notionally from 24.12.2005 vide Notification dated 2nd September, 2016. Petitioner has also been given notional benefits for the post of Joint Secretary with effect from 18.06.2011, Additional Secretary with effect from 03.12.2013 and Special Secretary with effect from 25.11.2016 vide Notification dated 30.01.2017. Being aggrieved by action of the respondents in granting notional promotion without any monetary Benefits, petitione