JUDGMENT Amitava Lala and Sanjay Misra, JJ.
1. In this writ petition, the petitioner contended that in respect of the order being passed by the Tribunal no effect or further effect has been given by the authority to such judgment and order.
2. The operative part of the judgment and order of the Tribunal dated 20.9.1993 is as follows:-
" The claim petition is allowed. The opposite parties are directed for consider the petitioner for promotion on the post of Extension Educator w.e.f. 10.5.67 or with effect from the date his junior have been so promoted with alt consequential benefits of salary, seniority etc. Costs is made easy."
3. In this High court, the respondent authority has taken a plea that a new Act has come into force on 1.5.1996. If the ratio of AIR 1976 SC 2250( I.N. Saksena v. State of Madhya Pradesh) is valid, it will be seen that the Act is properly framed.
4. The important part of the Act is Sections 2 and 3 which shall be deemed to have come into force on 23.7.1981. Sections 4,5 and 6 shall be deemed to have come into force on 1.5.95 Incidently, the order of the Tribunal is passed on 20.5.93 prior to the date of effectively of Section 5 of the Act. Therefore, the applicability of the Act in the present case is an important subject matter of consideration. We have come across a Division Bench judgment of this court which is similarly placed. In the judgment dated 23.8.2003 passed in Civil Misc. Writ Petition No. 11589 of 1997 ( Kashi Ram v. State of U.P. and Ors.) the Division Bench held that the Act of 1996 has no affect in respect of the persons who are given promotion as Extension Educator with effect from the date his junior has been so promoted with all consequential benefits i.e. salary and seniority etc. It has been observed by the Division Bench that orders of Tribunal become final after getting the seal of Apex Court. This case is similarly placed with the earlier but the petitioners were not parties in the Apex court.
5. It is further important to consider the formation of vacuum in respect of promotional benefits to the persons who have joined in the service prior to the coming of the Act on 23.7.81. The material as given in the Act is based on a judgment and order passed by an appropriate court of law as we find from the statement of the State. So far as the Act is concerned it appears that the same will be effective for the persons who were appointed on or after 23.7.81. Therefore, there should not be vacuum in respect of giving any benefit to the persons who are earlier appointed and promoted prior to the aforesaid date. They will be brought into main stream for the purpose of giving benefit, if any. But the judgment and order as passed by the Tribunal cannot be ignored from its due consideration by the authority particularly when Section 5 of the has been given effect only from 1.5.95 i.e. after the order of the Tribunal is passed on 20.9.93.
6. Therefore, taking the totality of the matter, we are of view that there is no escape of State authority to consider the petitioner's promotional aspect of the matter for the post of Extension Educator with effect from the junior has been promoted with consequential benefits of salary, seniority etc. as directed by the Tribunal. It is open for the State to find it out whether the petitioner has worked as Extension Educator till next promotion. If he has worked as such, in that case why he will not be entitled for promotional benefits, but in case it is found that the petitioner has not worked as Extension Educator because of non-implementation of the order, in the mean time the petitioner will be entitled for notional benefits till the date of next promotion for the retiral benefits. Since the Division Bench of this court has already observed about notional promotion etc. the same principle will also be applicable in the case. A period of three months is given to the authority concerned for the purpose of due consideration of the matter in question after giving fullest opportunity of hearing to the petitioner
7. Thus the writ petition stands disposed of. No order is passed as to costs.