ORDER :

This petition under Article 226 of the Constitution of India has been filed challenging the order dated 4-2-2004 by which the petitioner has been granted the benefit of Kramonnati w.e.f. 7-4-2002 to 3-5-2003 only.

2. It appears that the petitioner was granted promotion by order dated 24-4-2003 on the post of Daftari. The said promotion was refused by the petitioner by letter dated 3-5-2003. After refusal of promotion by the petitioner, impugned order was passed sanctioning the first Kramonnati in favour of the petitioner w.e.f. 7-4-2002 but since the petitioner had forgone his promotion on 3-5-2003, therefore, the benefit of said Kramonnati was extended only upto 3-5-2003.

3. Challenging the grant of kramonnati for a limited period, it is submitted by the Counsel for the petitioner, that once, a right has accrued in favor of the petitioner, then the petitioner cannot be deprived of the same, on the ground that the petitioner had forgone his promotion.

4. Per contra, it is submitted by the Counsel for the respondent, that Kramonnati is a stagnation allowance. Where a perso