- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State.
(2.) LEARNED counsel appearing for the petitioner submits that the petitioner while was working as 'Head Assistant' in Tenughat Circle (Embankment), under the Department of Water Resources, got retired on 31.01.2003. After his retirement, promotion to the post of selection grade was given to the petitioner w.e.f. 01.04.1986 vide order dated 21.02.2004 passed by the respondent No.5-Superintending Engineer, Tenughat Circle (Embankment). However, actual payment was to be made w.e.f. 01.03.1989 but till date, arrears, accrued on account of promotion given to the petitioner to selection grade, have not been paid to the petitioner. A counter affidavit has been filed on behalf of the State wherein statement has been made to the effect that whenever the fund would be available, the payment of the arrears shall be made to the petitioner. It be noted that the petitioner got retired in the year 2003 and then in the year 2004 the petitioner was given promotion but the arrears of the salary was not paid. Still statement has been made that whenever the fund would be available the payment shall be made, which at no stretch of imagination can be said to be a reasonable stand as even after passing of more than six years, payments have not been made. In that view of the matter, the respondent-5- Superintending Engineer, Tenughat Circle (Embankment) is directed to make payment of the arrears, accrued on account of being promoted to the post of selection grade for the period from 01.03.1989 to 31.01.2003, within a period of three months from the date of receipt/production of a copy of this order. With this observation and direction, this writ application is disposed of.;