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Judgment
The petitioner before us has been working as an Assistant Conservator of Forest. He was promoted by an order dated 26-6-1979 on ad hoc basis to the post of Deputy Conservator of Forest. By another order dated 8-7-1981, the petitioner was promoted to the post of Deputy Conservator of Forest against clear vacancy.
The petitioner in this petition is seeking a direction to the respondents to pay the arrears of the salary of the petitioner for the post of Deputy Conservator of Forest w.e.f. 30-9-1977, the date on which he was promoted to the post of Deputy Conservator of Forest on ad hoc basis till the date of his retirement i.e. 30-6-1987.
In this petition, however, we are not concerned with what transpired after his regular promotion to the cadre of Deputy Conservator of Forest but we are concerned with the release of payment of salary from 30-9-1977 to 30-9-1987.
There can hardly be any justification to refuse to pay such amount as is due to him under the relevant rules. The rules also provide that temporary promotions could be made under Regn. 8 of the Indian Forest Service (Appointment by Promotion) Regulations, 1966. Inasmuch as the petitioner has been promoted under the relevant rules and that aspect is not in dispute before us, we direct the respondents to make the payment of arrears of salary as are admissible under the law from the date he was promoted on ad hoc basis after making adjustments of the payments that have already been made to him. The petition is allowed accordingly.