JUDGMENT :

Heard Mr. Dhananjay Kumar Dubey, the learned counsel for the petitioner, Mr. Ravi Kerketta, the learned counsel for the respondent State and Dr. Ashok Kumar Singh, the learned counsel appearing on behalf of the respondent No.4.

2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The petitioner has preferred this writ petition for direction upon the respondents to pay the difference of salary as Additional Secretary w.e.f. 03.12.2013 to 31.01.2017 and further to pay the difference of salary as Special Secretary w.e.f. 25.11.2016 till 31.01.2017.

4. Pursuant to the advertisement in the year 1980 published by Bihar Public Service Commission for appointment in Class-II State service, the petitioner applied for appointment on such post and appeared in the written examination and interview. The petitioner was declared successful. Thereafter, the petitioner was appointed to the post of Deputy Collector- Class-II State service. The petitioner joined in the department pursuant to the recommendation of Bihar Public Service Commission on 23.11.1981. The petitioner was kept on probation period and after confirmation of the service of the petitioner, the petitioner was posted in several capacities in the State Government. After bifurcation of the State of Bihar, the cadre of the petitioner was allocated to the State of Jharkhand. The petitioner was granted ACP in terms of resolution dated 14.08.2004. While the petitioner was working as Executive Magistrate, Gumla, a DPC was held in the month of July, 2007. In the said meeting the case of the petitioner along with other junior persons was considered. The recommendation was made by the DPC whereby the petitioner was granted promotion to the rank of Sub-Divisional Officer. The case of the petitioner was again considered for second ACP and the petitioner was found to be eligible for the said ACP which was granted to the petitioner vide notification dated 01.04.2008. In the year 2009, the Departmental Promotion Committee was held again and the case of the petitioner was again considered. The decision of the Promotion Committee was published whereas the petitioner was promoted to the rank of Additional Collector in the pay scale of Rs.15,200-39,100/-, Grade pay of Rs.7600/- by notification dated 31.08.2009. Another notification dated 19.09.2009 was issued whereby the petitioner was posted as Additional Collector, Pakur. While the petitioner was functioning as Deputy Secretary, Animal Husbandry and Fishery Department, Government of Jharkhand, the case of the petitioner was considered by the Departmental Promotion Committee for promotion to the rank of Joint Secretary. The petitioner was granted promotion to the rank of Joint Secretary by notification dated 12.09.2013. The petitioner was posted as Project Director, Integral Tribal Development Authority, Latehar. One vigilance case being Vigilance Case No.9 of 1988 was pending against the petitioner in the court of learned Vigilance Judge, Dhanbad and the said vigilance case came to an end whereby the petitioner has been acquitted in the said case. The said order was taken in the appeal before the High Court as Acquittal Appeal No.29 of 2015 which was heard by the Division Bench and the acquittal appeal was dismissed by the judgment dated 03.04.2018. Pursuant thereto vide a notification dated 06.03.2019 the petitioner was granted promotion in the rank of Additional Secretary w.e.f. 03.12.2013 and further the petitioner was granted promotion to the rank of Special Secretary w.e.f. 25.11.2016 from the date his juniors were granted promotion. The said promotion was granted notionally. The petitioner in the meantime has already retired on 31.01.2017. The petitioner filed application on 01.04.2019