. Eaégga u a? I33?¢ @ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. (S) No. \CXES [20w PETITIONER f Amarnath Katiyar, S/o Ujagar Lal Katiyar, aged about 39 years, Occupation—Assistant Grade-II, Office of Chief Electoral Offlce, Chhattisgarh Raipur. VERSUS RESPONDENTS fall) State ’of Chhattisgarh through Secretaly, Law Department of D.K.S Bhawan, Raipur (C.G.) Chief Electoral Officer, Chhattisgarh Raipur, D.K.S. Bhawan (Indrawati Block), Raipur (C.G.) WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (3.) NO.1935 OF 2010 PETITIONER Amarnath Katiyar Versus State of Chhattisgarh & Another (Writ Petition under Article 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. RESPONDENTS ' Present :- Ms Hamida Siddique, Advocate for the petitioner. Shri P.K. Bhaduri, Panel Lawyer for the State. - ORDER ORAL (Passed on this29t day of April, 2010) Heard Iearned counsel for the parties. 1. Case of the petitioner is that pursuant to the order dated 17-5-2007 the petitioner could not join the promoted post of Assistant Grade-II. It was made clear that the pay scale of Assistant Grade — ll would be made available from the day the petitioner joins the promoted post. According to the Iearned counsel for the petitioner, the petitioner could not join the promoted post before 16-5-2007 on'account of certain mistakes committed by the respondent authorities. According to the petitioner, the petitioner is entitled to pay scale of Assistant Grade — Il W.e.f. 24-5—2002. Thus, the order dated 11—2-2010 ' (Annexure — P/1) passed by the Chief Election Officer is bad and vitiated. 2. On the other hand, learned counsel appearing for the State, submits that the petitioner has rightly been denied the pay scale of Assistant Grade — ii prior to his actual date of joining on the said post. Granting promotion W.e.f. the earlier date was only for seniority purpose, but not for the purpose of grant of pay scale. It is weii settled principie of Iaw that an empioyee is entitled to pay scale of a promoted post from the date the employee starts working on promoted post. Even if the effecthas been given ‘ with retrospective effect that may be with regard to seniority, etc., but the actual pay scale is to be given only from the actual date ofjoining on the promotional post. in the case on hand, the petitioner has actually started working on the post of Assistant Grade - ii pursuant to the order dated 17-5-2007 (Annexure — P/2) wherein it is mentioned that the seniority would be given W.e.f. 24-5-2002. Thus, the claim of the petitioner for grant of pay scale W.e.f. 24-5—2002 from which the petitioner has not worked on the promoted post is without any foundation and baseless. For the reasons mentioned hereinabove, the writ petition fails and is hereby dismissed at the motion stage itself. Gowri \\ Sdl- SATISH K. AGNmOTm Judge