IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1048 of 2001 SHRIMATI NAZRA BEGUM Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: Mr Deepak Kumar Chauhan, Advocate For the State : Mr Sunil Kumar Mandal, SC 15 Mr Bipin Kumar, Advocate ------ 10. 09.04.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner claims that while holding the qualification of B.Sc. trained she came to be appointed as a Matric Trained Teacher performing duties on a B.SC. trained scale/post. Subsequently she was granted I.SC. Trained scale also which came to be withdrawn leading to institution of CWJC No. 11498 of 1993 both for the claim of B.Sc. trained pay scale and also annulment of the I.Sc. trained scale. In pursuance of the order of the Division Bench directing consideration of her representation the impugned order dated 30.6.1999 has been passed. The order acknowledges that the petitioner was appointed on Matric trained scale while holding the Graduate trained qualification. It therefore proceeds to grant her B.Sc. trained pay scale with subsequent effect denying retrospective benefits with reference to Rule 58 of the Bihar Service Code and Rule 74 of the Bihar Finance Rules. The impugned order acknowledges the wrong done to the petitioner. This Court can do no better than to quote a Bench decision of this Court reported in 1999(1) PLJR 272 (Ranjit Sahay Jamuar & anr Vrs State of Bihar & ors) at paragraph 6, 7 and 8 holding that where benefits of promotion and entitlement 2 of the promotional posts have wrongly been denied the aforesaid rules relied by the respondents are of no avail and the person is entitled to full monetary benefits. “6. A counter affidavit has been filed on behalf of the respondent authorities in which reliance is placed on rule 58 of the Bihar Service Code and rule 74 of the Bihar Financial Rules for denying the petitioners the benefits flowing from the promotions given to them with retrospective effect. 7. The stand taken by the respondent authorities and the reliance placed on the aforesaid rules is not acceptable to me. In my view the provisions of rule 58 of the Service Code and rule 74 of the Bihar Financial Riles have no application to the case of the petitioners for the simple reason that those rules envisage promotions given in the normal course of administration and at due time when the right of promotion accrued to the concerned employee. The two rules do not, by any stretch of imagination, deal with cases where promotions were given not at the due time but with retrospective effect not for any fault on the part of the concerned employee but due to the laches and mistakes committed by the department. 8. In a number of decisions, this Court has observed that an employee being given promotion with retrospective effect cannot be denied the material benefits accruing from the promotion and the position is now well established. If any authority is needed on this point one may see 1990 (2) PLJR 248 Dr. Paras Nath Prasad vs State of Bihar & ors.” This writ application is therefore allowed with a direction to the respondents that the petitioner shall be entitled to the entire arrears of B.Sc. trained scale on the post she was working 3 as per finding in the impugned order dated 30.6.1999 but was granted Matric trained scale by payment of balance amount less what has been paid. Let the order be complied with within a maximum period of four months from the date of receipt and/or production of a copy of this order. Snkumar/- (Navin Sinha,J.)