IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7924 of 2003 INDU SHEKHAR JHA Versus THE STATE OF BIHAR & ORS ----------- 07/ 09-09-2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner retired from the post of Executive Engineer under Water Resources Department with effect from 31.1.1999. It is an admitted position that the petitioner has been paid all retirement benefits as Executive Engineer. However, since petitioner was legally entitled for promotion on the post of Superintending Engineer, he filed CWJC No.405 of 1999 for direction for grant of promotion on the said post. The said writ application was disposed of by order dated 17.7.2003. During the hearing of that writ application it was contended before the Court that a proceeding was held against the petitioner in which he was awarded punishment of censure and with-holding of promotion for two years from the due date and stoppage of one increment with non-cumulative effect and, therefore, promotion was not granted to the petitioner. It was submitted that proceeding held 2 against the petitioner was for alleged lapse committed in the year 1985-86, therefore the punishment awarded to the petitioner lost its force after two years i.e. it lost its force on 23.9.1998 on completion of two years from the date of the incident. This Court held that in the circumstances the petitioner could not be denied his promotion with all consequential monetary benefits arising there from. However, petitioner has retired in the meanwhile. He was entitled to notional promotion with all consequential benefits. Accordingly, orders were passed directing the respondents to consider the case of the petitioner on the post of Superintending Engineer. It was also directed that after completing all the formalities promotion order should be issued within four months from the date of receipt/production of a copy of that order. It is not denied by the respondents that the said order passed by this Court which is still operative but it is admitted that no orders have been passed by the authorities up till now promoting the petitioner on the post of Superintending Engineer on notional basis after the effect of the punishment lost its force on 3 23.9.1998. It is a case of deliberate disobedience of the order of this Court amounting to contempt of Court. However, learned counsel for the petitioner submits that this writ application may be disposed of with a direction to the respondents to issue orders for promotion of the petitioner on the post of Superintending Engineer with due date and calculate his monetary and consequential retiral benefits and pay the same within the same time. Accordingly, this writ application is disposed of with a direction to the respondents to comply the earlier order of this Court passed in CWJC No.405 of 1999 and promote him on the post of Superintending Engineer and pay all consequential benefits including arrears of salary and revise all pensionery benefits accordingly and pay the same within three months from the date of receipt/production of a copy of this order. Let a copy of this order be handed over to the learned counsel for the State. A.H./ ( J. N. Singh , J. )