Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter alia alia prayed for direction upon the respondents to grant promotion to the petitioner in Technical Grade A 1 on the post of Senior Loading Inspector against the vacancy that is existing under the respondent-company and further for direction upon the respondents to make payment of arrears of wages with interest for the post of Supervisor [Transport] Technical & Supervisory Grade C i.e. equivalent to Clerical Grade I with all consequential benefits w.e.f 23.02.1991.
(2.) Learned counsel for the petitioner submitted that initially the petitioner was appointed as time rated worker in Category I vide letter dated 27/28 July, 1982 and thereafter regularized as Clerk (Grade III) vide order dated 11/13 January, 1984. By passage of time, vide office order dated 21/23 February, 1991 the designation of the petitioner was changed as Supervisor [Transport], hence he continued to hold Clerical Grade II post though Supervisor [Transport] was equivalent to Clerical Grade I but the petitioner was not allowed to avail the monetary benefit attached to that post. It has further been submitted that though petitioner served considerable period of time on the post of Technical Grade A but in spite of several representations and existing vacancies, his case was not considered for promotion on the next promotional post i.e. Senior Loading Inspector Technical Grade A- 1.
(3.) Learned counsel for the petitioner referring to law laid down in the case of State of Pubjab & Anr Vs. Dharam Pal as, 2017 9 SCC 395 submitted that even the petitioner who was working in officiating capacity is entitled to get pay on officiating post. Learned counsel for the petitioner submitted that though the petitioner was granted promotion with retrospective effect but pay and allowances has not been granted from that date, to which the petitioner is legally entitled to. To buttress his argument, learned counsel for the petitioner referred to the decision rendered in the case of Ramesh Kumar Vs. Union of India & Ors as,2015 4 PLJR(SC) 1.;