Promotion benefits must be provided retrospectively if employees are faultless for the delay; state errors cannot obstruct rightful claims.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. The instant writ petition has been preferred by the petitioner for the following reliefs:

(i) For direction upon respondents to pay the consequential benefits by granting proper pay scale and pay fixation in the category of Senior Selection Grade w.e.f. 01.12.1995, as the same has been granted by notification no. 146 dated 13.08.2009 (Annexure-2) but, till date the consequential monetary benefits has not been paid to the petitioners without any rhyme and reasons, although, same relief has been granted to the juniors like Mr. Gupteshwar Ram and Aabha Kusum Tirkey, which are juniors to the petitioners.

(ii) For further, direction upon the respondents, to grant the pay scale of 3700-5000 w.e.f. from 01.12.1995, replacement pay scale of Rs 12000-15600 w.e.f. 01.01.1996 and consequential pay scale implemented time to time and to pay the arrears of salary accordingly.

3. The respondents have filed counter affidavit bringing on record Letter no. 259 dated 27.07.2016; whereby and whereunder notification no. 146 dated 13.08.2009 (Annexure-2) was modified to the extent that now the benefit of promotion has been made admissible from the date of taking over charge of promotional post.

4. The petitioners by filing I.A. No. 8152 of 2016 have assailed the order contained in letter no. 259 dated 27.07.2016 on the ground that the same has been issued without affording any opportunity of hearing. Further, it has also been explained that the petitioners have discharged the duties on promoted posts i.e. Senior Selection Grade since July 1995.

After getting reply from the respondents, Interlocutory Application was allowed vide order dated 30.01.2026 and the pleading made therein was treated to be part of the main writ petition.

5. During pendency of the writ petition, the original petitioner no. 1 died on 22.08.2019 accordingly, IA No. 3065 of 2021 was filed for substitution of his wife namely Sweta Kumar. I.A. was allowed vide order dated 05.04.2023 allowing the substitution. Brief Facts.

6. The case of the original petitioner/petitioner is that both of them were given promotion in Junior Selection Grade in year 1992 and thereafter in Senior Selection Grade w.e.f. 01.12.1995 vide notification no. 146 dated 13.08.2009. Subsequently, when the monetary benefits stipulated in notification dated 13.08.2009 was not given to the petitioners they represented before respondent authorities. The respondents did not take any action on representation of petitioners; therefore, they have knocked the door of this Court by filing instant writ petition.

Submission of the Petitioners

7. Learned counsel for the petitioners submits that both the original petitioner/ petitioner had joined in the year 1985 in the services of State in the Cadre of the then Bihar Education Service Class-II on the recommendation of Bihar Public Service Commission. After reorganization of State, their services came in State of Jharkhand and they served in different capacity in State of Jharkhand. As such, the Petitioners are entitled for pay scale and pay fixation in the category of Senior Selection Grade w.e.f. 01.12.1995 and also for the pay scale of Rs. 3700-5000 w.e.f. from 01.12.1995, replacement pay scale of Rs. 12000-15600 w.e.f. 01.01.1996 and consequential pay scales implemented time to time.

Stand of the Respondents

8. Learned Counsel for the respondents referring to the counter affidavit has stated that Department of Finance had issued letter bearing no. 2074 dated 04.04.1985 which provides that according to Rule-58 of Bihar Service Code, a government servant is entitled to get the salary and the other a