- (1.) Heard learned counsel for the petitioner and learned counsel for the D.V.C.
(2.) The instant writ petition has been preferred by the petitioner for issuance of direction upon the respondent- company for grant of consequential monetory benefits of Post retirement dues pursuant to the order dated 27.1.2006 issued by the Assistant Director(P), D.V.C. (Respondent No. 4) by which he has been promoted in the pay scale of Rs.5800-180-10,480/-. The second prayer of the petitioner is for direction upon the respondent- company not to deduct any amount as penal rent from the retirement benefits or salary of petitioner as the petitioner has retained only one quarter of the corporation, which was duly allotted to him and also direction for the consequent order for refund of the said amount.
(3.) The respondents have appeared and filed their counter affidavit which has been further rejoinded by the petitioner as well. Respondents have supported their action in the counter affidavit and at the same time stated that the petitioner cannot get the benefit of the said order of promotion dated 27.1.2006, since the petitioner retired on 31.1.2006 without actually assuming charge of the said promoted post. Admittedly, it is the case of the petitioner as well that the promotional order dated 27.1.2006 was served upon him just after the day of his retirement i.e. on 1.2.2006. A feeble attempt has been made of alleged bias by the respondent upon the petitioner, however petitioner has not substantiated it in the averments made in the writ petition nor anyone has been made party by name as respondent. In any case the law on this is well settled that a person is entitled to get the benefit of the post to which he is promoted only from the date on which he actually assumes charge.;