IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11551 of 2005 1. MOST SHARDA DEVI 2. Brajesh Kumar. 3. Girya Devi 4. Pushpa Devi. 5. Sangita Devi. All heirs of deceased sole petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary, Bihar, Patna. 2. The Commissioner-cum-Secretary, Health Department, Bihar, Patna. 3. The Director, Health Department(Services), Bihar, Patna. 4. The State Leprosy Eradication Officer, Bihar, Patna. 5. the Civil Surgeon-cum-Chief Medical Officer, Nawada. 6. the District Leprosy Eradication Officer, Nawada. 7. The first Medical Officer, Sadar Block, D.L.O., Leprosy Eradication Officer, Nawada. 8. The Accountant General, Bihar, Patna. 9. The Senior Accounts Officer, in the office of the Accountant General, A & E, Bihar, Patna. 10. The Assistant Accounts Officer, office of the Accountant General, Bihar, Patna. ----------- 6 16.04.2010 Heard Mr. Arun Kumar, learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General. The original petitioner is aggrieved by order dated 21.10.2004/8.11.2004 issued from the office of the Accountant General placed at Annexure 5 of the writ petition whereby the pay and allowances of the original petitioner has been revised with effect from 1.1.1996 on grounds that though the petitioner was promoted 2 from the post of non Medical Assistant to the post of Medical Social Worker under memo No. 1690 dated 19.12.1995 but as he joined the promoted post only on 2.2.1996 hence he was entitled to the promotional scale only from the said date and not from the date of his promotion i.e. 19.12.1995. The petitioner is also aggrieved by the recovery order dated 9.12.2004 issued by the respondent Medical Officer placed at Annexure-7 of the writ petition. Consequential prayer for revision of his pay scale with effect from 1.1.1996 by providing him the replacement scale attached to the post of Medical Social Worker with payment of the salary, differential arrears of salary arising there from as also refixation and recalculation of his pensionary benefits and for payment on the basis of the last salary drawn by the petitioner and for payments of arrears thereof has been made by the petitioner. Facts of the case in brief is that the original petitioner was holding the post of non-Medical Assistant when the order of promotion contained in Memo No. 1690 dated 19.12.1995 (Annexure-1) was passed. The name 3 of the petitioner appears at serial No. 25 of the said promotional order. The scale (pre- revised) attached to the post of Medical Social worker on the date of promotion was Rs. 1400/- to Rs. 2600/- but since the petitioner was already drawing his salary at the relevant time at the maximum of the said scale hence there was no physical transformation in his pay scale. The pay scale of Medical Social Worker along with other was revised with effect from 1.1.1996 with actual payments from 1.4.1997 under Fitment Committee report. The scale attached to the post of Medical Social Worker was revised to Rs. 5000/- to 8000/- with effect from 1.1.1996 and as a consequence whereof the petitioner became entitled to the said scale with effect from 1.1.1996. Although the order of promotion was issued on 19.12.1995 but the petitioner having been relieved belatedly and having joined the promotional post only on 2.2.1996, was granted the replacement scale only with effect from the said date. Learned counsel for the petitioner submits that the petitioner having been promoted under the order dated 19.12.1995 (Annexure-1) was entitled to the promotional scale with effect from the date 4 of promotion and the same could not be conditional upon the date of joining. He thus submits that the scale attached to the post of Medical Social Worker having stood revised with effect from 1.1.1996, he was entitled to the notional benefit thereof with effect from the said date and for actual payment with effect from 1.4.1997. The petitioner superannuated while holding the post of Medical Social Worker with effect from 31.8.2004. It is after his superannuation that the impugned order revising his pay scale was passed by the Accountant General placed at Annexure-5, during the course of finalization of his pension and pensionary entitlements. According to the Accountant General, the petitioner was entitled to the revised promotional scale only with effect from the date of joining and not from the date it came into effect i.e. on 1.1.1996. Similar is the stand of the State Government who submit that as the petitioner joined the promotional post only on 2.2.1996 hence he was entitled to the promotional scale only from the said date. Thus the issue raised in the writ petition is whether the petitioner was entitled for the promotional scale from the date of 5 promotion on 19.12.1995 and thus entitled to its consequential revision with effect from 1.1.1996 or he was entitled to the said benefit with effect from the date of joining i.e. 2.2.1996. The said issue stands concluded under an order of this Court passed in C.W.J.C.No.10358 of 2008 (Laljee Choudhary versus the State) with C.W.J.C. No. 10359 of 2001 (Sudarshan Singh versus State of Bihar) passed on 30.11.2009. This Court after examining the rival contentions in the backdrop of the judicial pronouncement(s) on the issue, held that a promotee would be entitled to the promotional scale with effect from the date of promotion and not from the date of joining. Following the judgment passed in the case of Laljee Choudhary(supra) this writ petition is allowed. The refixation order as contained in Annexure-5 as also the recovery order as contained in Annexure-7 are set aside. The concerned respondent authorities of the State Government are directed to revise the pay and allowances of the petitioner in the revised scale with effect from 1.1.1996 and pay the consequential benefits arising there from in 6 terms of the stipulations of the Fitment Committee report as contained in the resolution no. 660 dated 8.2.1999 of the Finance Department. The respondents would also recalculate and refix the pension and pensionary entitlements of the petitioner on the basis of last salary drawn by him and pay the consequential benefits arising there from after seeking the necessary authorization from the Accountant General, who would be under an obligation to issue authorization without causing any delay and preferably within four weeks from the date such authorization is sought by the State Government. The concerned authorities of the State Government would be under an obligation to complete the process of refixation/ recalculation and payment of the consequential benefits within a period of three months from the date of receipt/production of a copy of this order. Bibhash ( Jyoti Saran, J.)