IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9813 of 2001 BINOD KUMAR SINHA Versus THE NEW INDIA ASSURANCE COMPANY LTD For the petitioner : Mr. Dilip Kumar Tiwari, Advocate. For the Respondents : M/S Ganesh Prasad Singh, Manish Kumar, Advocates. ----------- 8. 2.7.2008. Heard learned counsel for the petitioner and the counsel for the New India Assurance Company Ltd.(hereinafter referred to as “ the Company”). 2. Petitioner earlier served as Administrative Officer with the Company. He filed this writ application against the order dated 9.5.2001, Annexure-14 whereunder his prayer for grant of promotion on the post of Assistant Manager was rejected. During the pendency of this writ application, petitioner has been allowed such promotion but not with effect from the date his juniors have been so promoted. 3. Let the petitioner file a representation before the competent authority of the Company to consider and grant promotion to the petitioner on the post of Assistant Manager with effect from the due date i.e. the date on which other juniors have been so promoted in the light of the promotion policy of the Company which is seniority- cum-merit and not on the basis of merit-cum-seniority as was directed by the Rajsthan High Court in the judgment passed in the case of Umesh Chand Pandya Versus The New India Assurance Company and others bearing S.B. Civil Writ Petition No. 3076 of 1995. 4. The representation filed in the light of this order be considered and disposed of by the Respondent Company as early as - 2 - possible, in any case, within a period of two months from the date of receipt of the representation along with a copy of this order. It goes without saying that in case representation is allowed further promotion of the petitioner if due should also be considered within a period of another three months of the order on the representation. Rajesh/ (V.N.Sinha,J.)