Apr - High Court of Judicature at Allahabad

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428 INDIAN LAW REPORTS ALLAHABAD SERIES [2011 petitioner's representation after taking into account the government order. 8. By the impugned order dated 1.5.2007 the petitioner's representation has been rejected mainly on the ground that since the petitioner was not a regular employee during the course of employment, therefore, he is not entitled for higher pay-scale and it has been further observed in the impugned order that before the receipt of the recommendation of the Commission, the petitioner has attained the age of superannuation. 9. While assailing the impugned order, it has been submitted by the learned counsel for the petitioner that the petitioner's services have been regularized against the vacancy of 1988-89. Some persons junior to the petitioner were extended the benefit of the higher pay scale. 10. The submission of learned counsel for the petitioner is that since the U.P. Public Service Commission has sent a recommendation and regularized the services with retrospective effect i.e. from 88-89 , the petitioner has become entitled for higher pay scale. 11. On the other hand learned Standing Counsel submitted that since the petitioner has already attained the age of superannuation before the receipt of recommendation from the U.P. Public Service Commission, he is not entitled for higher pay scale. The learned Standing counsel defended the impugned order and reiterated the observation of Special Secretary of the Government of U.P. 12. While assailing the impugned order, attention of this Court has been invited to the case reported in 2005 (23) LCD 173 Dhan Pal Singh Vs. State of U.P. and another. 13. In the case of Dhan Pal Singh (s) the Government order dated 25th June, 1984 has been relied upon for grant of notional promotion. The Government order provides that even if an employee retired or died, he shall not be debarred of service benefits. On the basis of seniority in terms of government order notional promotion should be given to the employees who died during the course of employment or even after retirement. After considering the definition and meaning of notional promotion it has been held in case of Dhan Pal Singh (s) decided by one of us (Devi Prasad Singh,J.) that employee's right will not be extinguished because of retirement from service. Relevant portions of the judgment are reproduced as under: "Petitioner's counsel further submits that the provision contained in Government Order dated 25.6.2004 though speaks as a special reference for the retired employees or the employees who expired, for the purpose of grant of notional promotion but it does not exclude the serving employees. Para 2 of the G.O. dated 25.6.1984 for convenience is reproduced as under: bl fo"k; ij 'kklu ds le{k ;g iz'u mBk;k x;k gS fd D;k mu dfeZ;ksa ds uke Hkh ik=rk lwph esa lEefyr fd;s tk;sa tks ;fn le; ls p;u dh dk;Zokgh fd;s tkus dk ik=rk lwph esa j[ks tkrs rFkkfi p;u dh dk;Zokgh esa foyEc gksus ds dkj.k ik=rk lwph rS;kj djrs le; lsok fuo`Rr gks pqds gS vFkok mudh e`R;q gks pqdh gSA bl iz'u dk xgjkbZ ls fopkjksijkUr 'kklu bl fu"d"kZ ij iagqprk gS fd lwph esa bu lHkh dfeZ;ksa ds uke lfEefyr djus
1 All] Ram Mohan Dayal V. State of U.P. and another 429 pkfg, ftuds uke ik=rk lwph esa gksrs ;fn p;u le; ls djk;k x;k gksrk] Hkys gh p;u ds le; muesa vc dqN ,d dkfeZd lsok fuo`Rr gks pqds gksa vFkok mudh e`R;q gks pqdh gksA ;fn ,slk ugha fd;k tkrk rks ,sls e`R;q lsok fuo`Rr dkfeZ;ksa dks ,sls ykHk ls oafpr jguk iM~ ldrk gS tks le; ls p;u ds mijkar mUgs vuqeU; gks ldrh gSA vr% ik=rk lwph esa mi;qZDr dkfeZdksa ds uke 'kkfey djds izksUufr gsrq fu;ekuqlkj mudh mi;qDrrk ij fopkj fd;k tkuk pkfg, rFkk mi;qDr ik, tkus ij mUgs lEcfU/kr o"kZ fnukad ls uks'kuyh izksUufr dh tkuh pkfg, rkfd mUgs og leLr ykHk vuqeU; fd;s tk lds tks os izkIr djrs ;fn izksUufr dh dk;Zokgh le; ls gks tkrhA uks'kuy izksUufr nsus ij laca/kh dkfeZd dh e`R;q vFkok lsok fuo`fRr tSlh Hkh fLFkfr gks dh frfFk dks lEcfU/kr inksa dh fjDr ekurs gq, mUgs fu;ekuqlkj Hkjk tkuk pkfg,A miZDr fu;ekoyh 1970 ds fu;e 21 ds vuqlkj izR;sd o"kZ ds lEcU/k esa izFkd&izFkd ik=rk lwph rS;kjh djus dk vk'k; Hkh ;gha gS fd lEcfU/kr o"kZ esa tks dkfeZd ik=rk lwph es lfEefyr fd;s tkus gsrq vgZ Fks muds uke ml o"kZ dh ik=rk lwph esa j[ks tk;saxs Hkys gh p;u dh dk;Zokgh ds le; dkfeZd dh e`R;q gks pqdh gks vFkok og lsok fuo`Rr gks pqdk gksA 3. At the face of record the Government Order does not exclude the serving employee. It only specify that even if employee dies or retired shall be considered for placement in the serniority list. According to THE NEW LAXICON WEBSTER'S DICTIONARY OF THE ENGLISH LANGUAGE the words "notion" and "notional" has been defined as under: "notion-a concept, idea, his notion of a good novel is not hers, a general concept, the notion of law, a theory or idea lacking precision or certainty, the notion is not fully worked out in his mind, an understanding, she had no notion what he meant, a whim or fancy, his head was full of strange notions, inexpensive small useful articles (hairpins, needles, thread, combs etc.) sold in a store" "notional-belonging to the realm of ideas, not of experience, (or things) existing only in the mind." The word notional in other dictionaries (as comes out from internet) has been defined as under: NOTIONAL 1. Conceptional, ideational, fanciful, speculative, fanciful, imaginary, imagined. 2. Being or of the nature of a notion or concept 3. Indulging in or influenced by fancy 4. Not based on fact or investigation 5. Not based on fact; dubious 6. Having descriptive value as distinguished from syntactic category. 4. In view of above, for granting of notional promotion it is not necessary that the person concerned has actually worked on the said post firstly, he may be directed to discharge duty on the said post and only at later stage or he may be given notional promotion in accordance to rule. Only thing is necessary for grant of notional promotion is that at the relevant date and time the person concerned should have right to get the benefit which he had claimed at later stage. In the present case petitioner had claimed for promotion on the post of Research Supervisor from the date when juniors were promoted. Accordingly, petitioner can be given promotion
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Page 23 and 24: 1 All] Amanattullah and others V. A
Page 29 and 30: 1 All] Anis Ahmad @ Chand Babu V. S
Page 31 and 32: 1 All] Ram Ujagar and another V. Sm
Page 33 and 34: 1 All] Ram Ujagar and another V. Sm
Page 35 and 36: 1 All] Dian Nath Chaube V. Central
Page 37 and 38: 1 All] Dian Nath Chaube V. Central
Page 39 and 40: 1 All] Kulwant Singh V. State of U.
Page 45: 1 All] Ram Mohan Dayal V. State of
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Page 51 and 52: 1 All] Union of India and others V.
Page 53 and 54: 1 All] Union of India and others V.
Page 55 and 56: 1 All] Rama Shanker Shukla V. Zila
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Apr - High Court of Judicature at Allahabad

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