IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.589 of 2011 Sabir Ali, Son of Late Ashgar Ali, Resident of Mohalla- Nazni Chowk, Ganj No.2, P.S. Bettiah, District West Champaran (Bettiah) Versus 1. The State of Bihar through its Chief Secretary, Mr. Anup Mukherjee, Chief Secretary, Govt. of Bihar, Patna 2. Mr. Pratyay Amrit, Secretary Road Construction Department, Govt. of Bihar, Patna 3. Mr. Govind Narayan Akhouri, Secretary, Bihar Public Service Commission, Patna ---------------------------------- 02/ 05.08.2011 In compliance of the orders of the High Court dated 21.8.2009, Annexure-1, the Secretary, Road Construction Department has considered the case of the petitioner for grant of promotion in the light of the recommendation of the Departmental Promotion Committee, but has rejected the same saying that it is not required to be considered in view of the retirement of the petitioner with effect from 30.6.2008. The Departmental Promotion Committee made recommendation dated 15/16.4.2008 which was received in the department on 24.4.2008 after approval by the State Government. Petitioner superannuated with effect from 30.6.2008. During the period between 24.4.2008 and 30.6.2008, the department had ample time to grant the petitioner promotion but without 2 appreciating such aspect of the matter, order dated 22.12.2009, Annexure-2 has been passed by the Secretary of the Department, which aspect of the matter shall be considered when petitioner proceeds to challenge the said order. Accordingly, this contempt petition is disposed of granting the petitioner liberty to challenge order dated 22.12.2009, Annexure-2 in accordance with law. Arjun/ ( V. N. Sinha, J.)