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2019 Supreme(Jhk) 1536
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Kumar, J.
Girja Prasad Singh - Appellant
Versus
State Of Jharkhand & Ors. - Respondent
Writ Petition (S) No. 7014 of 2012
Decided On : 26-02-2019
Mr.Prashant Vidyarthy, Advocate, for the Appellant; Mr. Anup Kr. Agarwal, A.C to S.C-IV Ms. Pinky Shaw, A.C to S.C-IV Mr. Pankaj Kumar, J.C to G.A. Bihar, for the Respondent
An employee is entitled to the salary of a higher post from the date of first posting if subsequently promoted to that post.
Headnote:
Promotion - Salary Entitlement - State of Jharkhand v. [Petitioner] - [No specific act-section referenced] - The court held that if an employee is given work of a higher post and subsequently gets promoted to that post, they are entitled to the salary of the said post from the date of posting. This principle was supported by the decision in State of Punjab & Anr. v. Dharam Pal and further affirmed in Naresh Prasad Keshri v. The State of Jharkhand & Ors.
Fact of the Case:
The petitioner filed a writ petition seeking direction to grant monetary benefit of promotion in the pay scale of the post of Area Education Officer from the date of first posting on the said post.
Finding of the Court:
The court found that the petitioner had been working on the post of Area Education Officer since the date of first posting and was subsequently promoted to the post of Bihar Education Service-Class-II. The court held that the petitioner is entitled to the salary of the promoted post from the date of first posting.
Issues: The main issue was whether the petitioner is entitled to the salary of the promoted post from the date of first posting on the lower post.
Ratio Decidendi: The court relied on the principle established by the Apex Court that an employee is entitled to the salary of the higher post from the date of first posting if they are subsequently promoted to that post.
Final Decision: The court allowed the writ petition and directed the respondent-State of Jharkhand to release the salary to the petitioner of the promoted post of Bihar Education Service-Class-II from the date of first posting as Area Education Officer.
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JUDGMENT
1. Heard learned counsel for the parties.
2. The present writ petition has been filed for direction upon the respondents to grant monetary benefit of promotion in the pay scale of the post of Area Education Officer w.e.f 10.07.1995 as the petitioner had been posted on the said post w.e.f. 10.07.1995 and he had been given promotion on the said post vide notification dated 01.07.2009 w.e.f. 15.11.2000.
3. As per the pleading, petitioner had joined in the year 1973 on the post of Science Supervisor in the office of S.D.O., Nawada. The petitioner had been posted on different places. On the post of Science Supervisor and subsequently, by notification No.144 dated 30.06.1995, petitioner had been posted on the post of Area Education Officer, Samastipur. It has been specifically stipulated that the petitioner had been posted on the higher post but it will not be treated as promotion. Thereafter, petitioner was transferred by various notifications and by each and every notification, he had been posted on the post of Area Education Officer and as such, he had worked on the said post till the order of promotion.
4. Thereafter, vide notification dated 29.06.1996, petitioner had been posted on the post of Area Education Officer, Ranchi. Subsequently, vide notification dated 23.11.2001, petitioner had been given posting as Principle of Primary Teachers Training College, Hummaguda, which had again Class-II post, equivalent to the Area Education Officer. Subsequently, vide order dated 30.06.2002, petitioner had been given posting as a Lecturer in Government Teacher Training College, Deoghar, which was again equivalent post of Area Education Officer. On 31.10.2006, petitioner had been retired on attaining the age of superannuation while he was working as Principle, Government Teacher Training College, Deoghar.
5. Vide notification dated 01.07.2009, petitioner had been given promotion w.e.f. 15.11.2000 in the cadre of Bihar Education Service on Class-II post.
6. The present writ petition has been filed for grant of pay scale of the post of Class-II Officer of the Bihar Education Service as petitioner had been working on the said post since 10.07.1995.
7. A detailed counter affidavit has been filed but it has been admitted in the counter affidavit that the petitioner had worked on the post of Area Education Officer i.e. Class-II post w.e.f. 10.07.1995. Stand has been taken that the said posting of the petitioner in ClassII was work/adhoc arrangement and as such, petitioner is not entitle for the salary on the said post.
8. Learned counsel for the petitioner has relied upon the judgment passed by the Apex Court in the case of State of Punjab & Anr. vrs. Dharam Pal reported in AIR 2017 SC 4438. Para-18 to 22 of the said judgment is relevant and quoted hereinunder:-
18. In A. Francis (supra), the Court was dealing with the entitlement of the appellant to the salary in higher pay of Assistant Manager wherein he had worked from 28.02.2001 till 31.05.2005. The employer had denied certain benefits and the employee preferred a Writ Petition before the High Court which was allowed by the learned single Judge. The Corporation filed Letters Patent Appeal which reversed the judgment of the learned single Judge. The appellant before this Court placed reliance on Secretary-cum-Chief Engineer, Chandigarh v. Hari Om Sharma and others7. On behalf of the Corporation terms of the order were pressed into service contending that there were specific conditions stipulated in the order with regard to salary and emoluments and, therefore, the claim with regard to higher post was not tenable in law.
19. The Court appreciating the factual score held thus:
"The order dated 28-2-2001, by which the appellant was allowed to discharge duties in the post of Assistant Manager had made it clear that the appellant would not be entitled to claim any benefit therefrom including higher salary and further that he would continue to draw his salary in the post of Assistant Labou
