- (1.) All these appeals, arising out of the similar facts, are being disposed of by this common order.
(2.) For the sake of brevity, we take facts from CAs Nos. 7340-41 of 2003.
(3.) Briefly stated the facts are as follows: The respondents, Roshan Singh and three others were working as Cooperative Supervisors under the Cooperative Department. According to the relevant rules the post of Cooperative Supervisor is a non-government post. They retired from service on 31.05.1996, 31.01.1996, 31.01.1997 and 31.01.1996 respectively. They filed Writ Petition No. 3947 (SS) of 1997 seeking promotion to the post of Cooperative Inspector, Group II (government post) with effect from 7.04.1978 on the ground that on the same date the persons who were junior to them had been promoted. The learned Single Judge allowed the writ petition by an order dated 24.08.2000 following the decision rendered in Bengali Prasad Sharma case decided on 3.05.1995. In Bengali Prasad case he had filed Writ Petition No. 13240 (SS) of 1990 while he was in service. It is also not a disputed fact that Bengali Prasad was holding the post of Cooperative Inspector, Group II which is a governmental post while he filed the writ petition. In that view of the matter the High Court by its order dated 3.05.1995 allowed the writ petition filed by Bengali Prasad directing that he should be given notional promotion with effect from 7.04.1978 and he would be entitled to pensionary benefits from 7.04.1978. The learned Single Judge has committed a grave error in law by equating the case of the respondents Roshan Singh and three others with the case of Bengali Prasad. It is now a well-settled principle of law that unequals cannot be treated equally. As already stated the respondents Roshan Singh and three others were not holding the post of Cooperative Inspector, Group II which is a governmental post when they retired from services, therefore, the High Court was not justified in allowing writ petition and granting the pensionary benefits with effect from 7.04.1978 as has been done in Bengali Prasad case, WP No. 13240 (SS) of 1990, decided on 3.05.1995.;