IMPORTANT POINT
Promotional benefits must be granted from the actual date of promotion, not from the date of notification, ensuring equal treatment for similarly situated employees.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioners praying therein for quashing of that part of the notification as contained in memo No. 122 dated 21.01.2015, issued by the respondent no. 2; whereby the monetary benefit for the promotional post and scale has been given with effect from the date of notification i.e. 21.01.2015 though promotion to the senior selection grade was given w.e.f. 31.01.1997 and in super selection grade w.e.f. 31.01.2002 in respect to petitioner no. 1 to 4. So far as petitioner no. 5 is concerned; senior selection grade was given w.e.f. 01.01.1996 and super selection grade w.e.f. 01.01.2001.

The petitioner further prays for a direction upon the respondents to pay the scale of promotional post w.e.f. the date of their actual date of promotion at the revised scale and to pay the difference of arrears of salary to the petitioners from the date of actual promotion.

3. The brief fact of the case as disclosed in the instant writ application is that the petitioners are Associate Professor in different departments at B.I.T. Sindri, Dhanbad. The petitioner no. 1 to 3 and 5 are still working; whereas petitioner no. 4 has superannuated from the post of Associate Professor. The petitioners before bifurcation of the State of Jharkhand were working as Assistant Professor in the Science and Technology Department, Government of Bihar and after bifurcation on cadre division, the services of the petitioners have been transferred to the newly created the State of Jharkhand.

It further transpires that during their service, petitioner no 1 to 4 got promotion to the senior selection grade w.e.f. 31.01.1997 and super selection grade w.e.f. 31.01.2002. So far as petitioner no. 5 is concern; senior selection grade was given to him w.e.f. 01.01.1996 and super selection grade w.e.f. 01.01.2001.

4. The case of the petitioner is that the Respondent no 2 issued a notification as contained in letter bearing no. 28/8 dated 21.01.2015 that the benefits of promotion to senior selection grade and super selection grade under the career advancements scheme will be given from the date of notification i.e., 21.01.2015 and not from the date of actual promotion; though similarly situated persons working under the Science and Technology Department of the Government of Bihar vide notification contained in Memo No. 3/08 792 dated 30.03 2011, issued by the order of Hon'ble Governor, Bihar, under the signature of Joint Secretary, Science and Technology Department, Government of Bihar have been given the actual benefit of promotion under the career advancement scheme from the actual date of promotion and not from the date of notification.

The petitioners on several occasions have represented before the Secretary, Government of Jharkhand, Higher Technical Education and Skill Development, regarding the benefits given to the petitioners of the promotional post from the date of promotion and not from the date of notification, but all went in vain.

5. Learned counsel for the petitioner submits that the petitioners should be given the benefit of promotion from the date of actual promotion as given by the State of Bihar. The respondents who are creature of statute are bound to act within the four corners of their limits and jurisdiction.

The act and action on the part of the respondents is illegal, void, and unsustainable in the eyes of law in view of Memo No. 3/08 792 dated 30.03.2011 (Annexure 2) issued under the signature of Joint Secretary, Science and Technology Department, Government of Bihar; whereby the actual benefit of promotion under the career advancement scheme were given the employees from the actual date of promotion and not from the date of notification.

Learned counsel strenuously contended that the part of the notification as contained in Memo No. 122 dated 21.01.2015 whereby the monitory benefits have been given w.e.f. the date of notification i.e. 21.01.201