IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.78 of 2005 SHILA NATH THAKUR son of Yogendra Thakur, resident of Mohalla-Satyadeo Puri, Old Exchange Road, Sitamarhi, P.S.-Sitamarhi in the twon and District of Sitamarhi. Versus 1. THE STATE OF BIHAR through the Director in Chief, Department of Health, Govt. of Bihar, Patna. 2. The Accountant General, (A & E)-II, Bihar, Patna. 3. The State Leprosy Control Officer (Rajya Kushta Niwaran Padadhikari), Bihar, Patna. 4. The District Leprosy Control Officer (Zila Kushta Niwaran Padadhikari), Sitamarhi, Bihar ----------- 6 17.02.2010 Heard Mr. Sanjay Kumar Mishra learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and Mr. L.P.K. Rajgrihar learned counsel for the Accountant General. The only issue which requires determination is what would be the date on which the petitioner would be entitled to the promotional scale. Indisputably the petitioner was promoted to the post of Medico Social Worker under memo No. 1690 dated 19.12.1995 (Annexure- 1). The name of the petitioner appears at serial No.22 of the said order. Learned counsel for the petitioner contends that no sooner the order was issued promoting the petitioner to the post of Medico Social Worker he became entitled to the 2 scale attached to the said post but since he was already drawing his salary in the maximum of the scale of Rs.1400 to 2600/- hence there was no physical transformation in so far as the fixation of pay is concerned. With effect from 1.1.1996, the 5th Pay Revision came into effect whereby replacement scale of Rs. 1400/- to 2600/- was Rs. 5000/- to Rs. 8000/- and to which the petitioner became entitled and was also granted. An objection was raised that since the petitioner joined the promoted post only on 21.5.1996 hence he would be entitled to the said scale only from the date of joining i.e. 21.5.1996 and not with effect from 1.1.1996. Thus the only issue which requires consideration is what would be the date of grant of replacement of scale to the petitioner whether with effect from 1.1.1996 or with effect from 21.5.1996, the date of joining. This issue stands concluded by a decision of this Court passed in C.W.J.C. No. 10358 of 2001 (Laljee Choudhary versus State of Bihar) along with C.W.J.C. No. 10359 of 2001 (Sudarshan Singh versus State of Bihar) dated 30.11.2009 whereby it was held that the benefit of the promotional scale would be available from the date of 3 promotion itself and not the date of joining. Natural consequences would be that the moment the scale attached to the promotional post is revised, which in the present case would be 1.1.1996, the benefit of revision automatically flows to the promotees and is not dependant on the date of joining. The judgment rendered in the said case applies with full force to the present case arising from the same order of promotion dated 19.12.1995. Following the order passed in the case of Laljee Choudhary (Supra), the writ petition is allowed. The petitioner is held to be entitled to grant of scale of Rs. 5000/- to 8000/- attached to post of Medical Social Worker with effect from 1.1.1996 and the natural consequences would be that the recovery so effected by the respondents under the pretext of excess salary drawn by the petitioner would become unsustainable and the petitioner would be entitled for refund of the amount recovered i.e. Rs. 81,5,57/- within three months from the date of production of a copy of this order Bibhash (Jyoti Saran, J. )