IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4536 of 2000 SRI YUGAL KISHORE PRASAD Versus THE STATE OF BIHAR & ORS ----------- CWJC No.4619 of 2005 YUGAL KISHORE PRASAD Versus THE STATE OF BIHAR & ORS ----------- 6. 20.08.2008 Heard the learned Counsels for the petitioner in both writ applications as well as the learned Counsel for the State. CWJC No. 4536/2000 questions shifting of the date for grant of senior selection grade to the petitioner. CWJC No. 4619/2005 questions refusal to grant him promotion to the post of Deputy Director on completion of the necessary kalawadhi of four years in the senior selection grade. The petitioner had earlier come to this Court in CWJC No. 6638/1997 in which the respondents had also filed counter affidavit and taken specific stand with regard to the petitioner when directions were issued to consider his case for promotion on the post of Deputy Director in that background. It is submitted on behalf of the petitioner that accepting the case of the respondents as noticed in the order in CWJC No. 6638/1997 that the petitioner was entitled to the senior selection grade on the post of National Savings Executive Officer with effect from 1.8.1992, he became eligible for promotion to the post of Deputy Director from 1.8.1996. He retired on 30.11.1996 without benefit of such promotion while holding additional charge of the post of Deputy Director ever since 31.7.1995 in 2 addition to his aforesaid substantive post. That the only person senior to the petitioner, respondent no. 5 in CWJC No. 4536/2000, retired on 30.6.1995 and therefore there was no impediment in the grant of such promotion to the petitioner. the impugned order dated 2.3.2005 at Annexure 14 to CWJC No. 4619 of 2005 on consideration rejecting the claim for such promotion to the post of Deputy Director in pursuance of the order in CWJC No. 6638/1997 is erroneous apart from being completely arbitrary as it mentions no ground whatsoever for denial of such promotion. Learned Counsel for the State submitted that the date of grant of senior selection grade to the petitioner was shifted from 17.7.1990 to 1.8.1992. That this order of shifting was passed on 16.12.1996 after the petitioner had retired. Since the petitioner retired before the date of shifting of the date of grant of senior selection grade, he did not hold the promotional post of senior selection grade and therefore he was not entitled to count his kalawadhi for four years which was to be counted from the date of assumption of charge of the promotional post. The petitioner never acquired the kalawadhi for promotion before his superannuation and therefore he is not entitled to the benefit of promotion. It is lastly submitted that the order in CWJC No. 6638/1997 was questioned by the petitioner himself in LPA which he later withdrew. On consideration of the claims of the petitioner, this Court is satisfied that the contention of the respondents is grossly erroneous. Having acknowledged that the petitioner was eligible for promotion to 3 the post of Deputy Director from 1.8.1996, there was no reason not to grant him the benefit of the same before his retirement on 30.11.1996. No reason has been assigned for such denial. The only person above the petitioner superannuated on 30.6.1995. On the face of the aforesaid, the arbitrariness is writ large in the impugned order dated 2.3.2005. The contention of the respondents that the petitioner did not complete four years of kalawadhi from the date of grant of senior selection grade as he did not hold the senior selection grade post is fallacious. The grant of senior selection grade is not a promotion, stands well settled. It is only grant of higher emoluments on the same post. The issue of the petitioner having gone in LPA is neither here nor there and is but a desperate argument. The petitioner was given additional charge on 31.7.1995 as Deputy Director in addition to his own duties as National Savings Executive Officer. The claim in CWJC No. 4619/2005 is also for additional allowance under Rule 103 of the Bihar Service Code. This Court is satisfied that not only is the petitioner entitled to his additional allowance for the period of his officiation as Deputy Director from 31.7.1995 but that he is also entitled for promotion to the post of Deputy Director from 1.8.1996. Let the arrears of additional allowance payable to the petitioner under Rule 103 for the period of officiation as Deputy Director be paid to the petitioner with interest @ 3%. Let the arrears of salary for the post of Deputy Director from 1.8.1996 till his superannuation be also paid to him 4 with interest @ 3%. The Court considers it necessary to grant him interest and the arrears for the simple reason that the petitioner has pursued his claim with tenacity and the respondents have not been able to make out even a semblance of a case for denial of the same and it chose to contest the litigation merely for the sake of litigation rather than having grace to acknowledge legitimate claim of the petitioner when it is the duty of the State to assist the Court in dispensation of justice. Let such arrears be paid to the petitioner within a maximum period of three months from the date of receipt and/or production of a copy of this order. Let the respondents revise the pensionery and other retiral benefits of the petitioner accordingly within a maximum period of four months from the date of receipt and/or production of a copy of this order and make the actual financial benefits of the same available to the petitioner within a maximum period of six months from the date of receipt and/or production of a copy of this order. The writ applications are allowed. Snkumar/- (Navin Sinha,J.)