Pension must reflect the original promotion date, though salary arrears are unavailable.

The petitioner, an Assistant Teacher, was promoted to Headmaster by order dated 4 November 2015 but did not join at the initial posting.

After he sought a more suitable posting, the High Court directed the District Education Officer to consider his representation; the posting was subsequently amended, and the petitioner joined the promoted post in October 2016, serving until retirement in December 2016.

The respondents refused to calculate his pensionary benefits from the original promotion date, reasoning that he had joined only after the amended order.

The petitioner challenged that decision.

The Court stated that promotion is a continuation of service and that, for pension fixation, the employee’s entire length of service must be taken into account.

It further held that the original promotion order could not be ignored when refixing pension after retirement, while distinguishing pensionary benefits from salary arrears for a period during which the petitioner had not joined the promoted post.

No statute or precedent was cited.

Although the petitioner joined pursuant to the amended order, the Court treated that order as relating to his place of posting and held that the original promotion order remained relevant to pension fixation.

Because the petitioner had retired, the promotion date of 4 November 2015 had to be recognised for calculating his pensionary benefits.

However, his failure to join earlier meant that he could not claim arrears of salary for the period before joining.

The petitioner was denied arrears of salary, and the refixation exercise was directed to be completed within one month of receipt of the certified copy of the order.