Mr. Rajeeva Sharma, learned Sr. Counsel appearing on behalf of the petitioner submits that petitioner is not at fault for not getting promotion during his service period. On same and similar facts and similar footing one Ajay Chandra Dhar was granted all monetary benefits arising from his notional promotion from the post of Circle Inspector – cum – Kanoongo to the post of Deputy Collector, which was granted after his retirement by the concerned Department of the Government in compliance of order dated 27.04.2007, passed by this Court in L.P.A. No. 63 of 2006. Said Ajay Chandra Dhar was granted all monetary benefits by Sankalp No. 3190, dated 11.04.2013, issued by the Department of Personnel, Administrative Reforms and Rajbhasha. Learned Sr. Counsel further argues that petitioner is entitled for the monetary benefits and as such appropriate directions may be passed allowing the writ petition. Learned counsel places heavy reliance upon the Judgment passed in the case of Dr. Paras Nath Prasad Vs. State of Bihar reported in 1990 (2) PLJR 248 and further submits that petitioner is fully entitled for the arrears and impugned action of the respondents if not based on foundational facts. Learned counsel further refers to the Judgment rendered in the case of Suryadeo Prasad Vs. The State of Jharkhand and others reported in 2010 (3) JCR 238 (Jhar.) and submits that considering Rule 58 of Jharkhand Service Code and Rule 74 of the Financial Rules of the Government of Jharkhand, the order has been passed and the benefit was provided to the petitioner of that case. In the circumstances, petitioner in the instant case is also entitled for the same and similar benefits.
