- (1.) In the instant Letters Patent Appeal, the appellants call in question the legality and propriety of the judgment dated 20.08.2013 passed in W.P.(S) No. 2986 of 2010 by learned Single Judge, whereby and whereunder the writ application filed by the respondent-writ petitioner was allowed with a direction to the appellants-State to release the arrears of difference of salary to the respondent-writ petitioner on post of Deputy Director to which he has been promoted with retrospective effect i.e. from 01.07.2001 as also arrears of difference of salary w.e.f. 02.07.2007 on which post he was promoted as Additional Director retrospectively.
(2.) The factual matrix as delineated and disclosed in the writ petition is that the respondent-writ petitioner initially joined the Department of Mines and Geology in the year 1984. Subsequently, while continuing as such, vide notification dated 1.11.1999, under Annexure 1 to the writ petition, the respondent-writ petitioner in addition to his substantive post was asked to remain in-charge of Deputy Director, Data Bank and Publication Cell, Patna. Accordingly, the respondent-writ petitioner took over the charge of Deputy Director on 4.11.1999. Thereafter, vide notification dated 28.05.2009, under Annexure-3 to the writ petition, the respondent-writ petitioner has been given regular promotion to the post of Deputy Director, Geology with effect from 01.07.2001. In the said notification, it has been mentioned that the financial benefit shall be payable with retrospective effect i.e. 01.07.2001 after consent of the Finance Department and the financial benefit, at present, shall be payable with effect from the date of taking over the charge. In pursuance of the said notification, the respondent-writ petitioner took over the charge on 28.05.2009, under Annexure 4 to the writ petition. Thereafter, vide notification dated 29.06.2007, under Annexure 5 to the writ petition, the respondent-writ petitioner while continuing as Senior Geologist, was assigned to work on the post of In-charge Additional Director, Geology, Ranchi. Accordingly, the respondent-writ petitioner took over the charge of In-charge, Additional Director, Geology, Ranchi on 02.07.2007. Thereafter, vide notification dated 16.12.2009, the respondent-writ petitioner was given regular promotion to the post of Additional Director with effect from 2.07.2007. In the said notification also, it is stated that the financial benefit to respondent-writ petitioner shall be payable with retrospective effect after consent of the Finance Department and the financial benefit, at present, shall be payable to him with effect from taking over charge and the respondent-writ petitioner took over the charge of Additional Director on 16.12.2009, under Annexure 6/1 to the writ petition. However, with regard to payment with retrospective effect, the respondent-writ petitioner was informed vide letter no. 879 dated 20.05.2010, under Annexure 7 to the writ petition, that he is not entitled to get the monetary benefit with retrospective effect in terms of Memo No. 2074 dated 04.04.1985 of the Finance Department.
(3.) Being aggrieved by letter no. 879 dated 20.05.2010, the respondent-writ petitioner assailed the same by filing W.P.(S) No. 2986 of 2010, which was allowed vide order dated 20.08.2013. Hence, the present Letters Patent Appeal has been preferred by the appellants-State of Jharkhand impugning the aforesaid judgment/order passed by learned Single Judge.;