- (1.) Heard Mr. S.S.L.Srivastava, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) The petitioner has assailed the order dated 17 November 2008 passed by the State Government whereby the petitioner's representation for giving the whole service benefits from the date of notional promotion given to him has been rejected. The petitioner has further prayed for payment of arrears of salary for the post of Superintending Engineer (Mechanical) w.e.f. 30.04.2007. The petitioner, while he was working as Executive Engineer was put under a disciplinary proceeding and was also placed under suspension during the pendency of the disciplinary proceedings. However the order of suspension due to intervention of this Court was revoked later on, but his matter of promotion to the post of Superintending Engineer (Mechanical) was kept in sealed cover by the Departmental Promotion Committee.
(3.) Since the disciplinary proceeding was pending against him, he was issued a charge sheet on 14.06.2006. As he was exonerated from charges on conclusion of disciplinary proceeding, he had been given notional promotion to the post of Superintending Engineer (Mechanical) w.e.f. 03.05.2006 i.e. from the date of promotion of his junior.;