NARENDRA NATH TIWARI, J. - (1.) THE petitioner is aggrieved by paragraph -2 of the promotion order dated 24.4.2007, contained in Annexures -5. By the said Annexure -5, the petitioner was given promotion to the post of Additional Collector in the pay scale of Rs. 12,000 - 16,500/ -, but in paragraph -2 of the said order, the petitioner has been debarred from his monetary benefit and other benefits from the date of promotion. It has been mentioned that the same will be admissible from the date of notification of the said order.
(2.) THE grievance of the petitioner is that once the authorities decided to give promotion to the petitioner w.e.f. 1.11.2004, there was no occasion for depriving him of promotional benefit from the said date. It has been stated that the petitioner was earlier subjected to criminal proceeding, which was quashed. He was also subjected to departmental proceeding, but that was also quashed. In spite of the same, juniors were given promotion w.e.f. 1.11.2004 and the petitioner was discriminated. The petitioner against had moved this Court in writ petition [WP (S) No. 7312 of 2005], which was disposed of by order dated 7.8.2006 directing the respondents to consider the petitioner's claim and pass appropriate order. In compliance of the said direction of this Court, the respondents ultimately passed the said order of promotion but debarring him from the promotional benefit from the date he was entitled to get his promotion. It has been submitted that the said order is wholly arbitrary, illegal and malafide and is not sustainable. The petitioner is entitled to get all consequential benefits with effect from the date from which he was given promotion to the post of Additional Collector. A counter -affidavit has been filed on behalf of the respondents contesting the petitioner's claim. In the counter -affidavit, it has been stated that there was no illegality/arbitrariness in adding the said paragraph -2 in the promotion order of the petitioner. The order is in accordance with Rule 74 of the Bihar Finance Rules. It has been stated that though under the said provision, promotion can be given to the petitioner with retrospective effect, financial sanction cannot be made with retrospective effect, except in exceptional cases.
(3.) I have heard learned Counsel for the parties and considered the facts and circumstances, appearing on record.;