IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5823 of 2009 SURESH PASWAN (AGED ABOUT 43 YEARS), S/O SHRI SARYUG PASWAN, RESIDENT OF VILLAGE TURKI, P.S. BHAGWANPUR, DISTRICT VAISHALI, AT PRESENT POSTED AS ASSISTANT ENGINEER, ZILA SHAHARI VIKAS ABHIKARAN, BETTIAH (WEST CHAMPARAN) ……. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA 2. THE SECRETARY-CUM-COMMISSIONER, WATER RESOURCES DEPARTMENT (IRRIGATION), OLD SECRETARIAT, (SICHAI BHAWAN), BIHAR, PATNA 3. THE ENGINEER-IN-CHIEF, DEPARTMENT OF IRRIGATION (SICHAI BHAWAN), OLD SECRETARIAT, BIHAR, PATNA 4. THE CHIEF ENGINEER, IRRIGATION DEPARTMENT, DEHRI (ROHTAS) 5. THE SUPERINTENDING ENGINEER, WATER WAGE CIRCLE, BHABHUA (KAIMUR) 6. THE SUPERINTENDING ENGINEER, DEPARTMENT OF DESIGNING PLANNING AND MONETORING CIRCLE, DEHRI (CAMP INDRAPURI) ROHTAS 7. THE EXECUTIVE ENGINEER, THE PLANNING AND MONETORING DIVISION DEHRI, ROHTAS 8. THE EXECUTIVE ENGINEER, WATER WAGE DIVISION MOHANIA (BHABHUA), KAIMUR 9. THE SECRETARY, DEPARTMENT OF FINANCE, BIHAR, PATNA 10. THE UNDER SECRETARY, PERSONNEL CLAIM FIXATION CELL (FINANCE DEPARTMENT), BIHAR, PATNA 11. THE D.M. BETTIAH (WEST CHAMPARAN) 12. THE ACCOUNTANT GENERAL, BIHAR, PATNA 13. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, JHARKHAND, RANCHI 14. THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF IRRIGATION, JHARKHAND, RANCHI 15. THE SECRETARY-CUM-COMMISSIONER, RURAL DEVELOPMENT (SPECIAL) DEPARTMENT, JHARKHAND, RANCHI 16. THE ENGINNER-IN-CHIEF, IRRIGATION DEPARTMENT, JHARKHAND AT RANCHI 17. THE ENGINEER-IN-CHIEF, RURAL DEVELOPMENT (SPECIAL) DEPARTMENT, JHARKHAND, RANCHI 18. THE CHIEF ENGINEER, RURAL DEVELOPMENT (SPECIAL) RANGE (NATIONAL RURAL EMPLOYMENT PROGRAMME) N.R.E.P.(SPECIAL) F.F.P.BHAWAN DHURVA, RANCHI (JHARKHAND) 19. THE CHIEF ENGINEER, IRRIGATION DEPARTMENT, JHARKHAND, RANCHI 20. THE SUPERINTENDING ENGINEER, RURAL DEVELOPMENT (SPECIAL) CIRCLE, DALTONGANJ (MEDNI NAGAR) JHARKHAND 21. THE EXECUTIVE ENGINEER, RURAL DEVELOPMENT (SPECIAL) DIVISION, LATEHAR (JHARKHAND) 2 22. THE SECRETARY, DEPARTMENT OF FINANCE, JHARKHAND, RANCHI 23. THE ACCOUNTANT GENERAL, JHARKHAND, RANCHI ….. RESPONDENTS. ----------- 3. 10.8.2009 Heard learned Counsel for the petitioner and the State. 2. Petitioner has filed this writ application for a direction to the State respondents to grant him the arrears of salary of the post of Assistant Engineer in the Bihar Engineering Service Class II with effect from the date of promotion i.e. 1.1.1998 in the light of the notification of the State Government bearing Memo No.2525 dated 17.6.2005 (Annexure-2) to this application. 3. Learned Counsel for the State is opposing such prayer as according to him in the light of the contents of paragraph 2 of the notification the salary is payable only from the date of joining and not from the date of promotion. 4. This fact is being noted only to be rejected. If the authorities themselves have promoted the petitioner with retrospective effect, they are bound to pay arrears of salary to the petitioner from the date of promotion as the promotion was held up not on account of the laches on the part of the petitioner but on account of inaction on the part of the authorities, I was inclined to even allow interest for such delayed payment, but considering the fact that the interest shall be burden on the State exchequer, I am not inclined to do so. Necessary payment 3 in the light of this order be made to the petitioner as early as possible in any case within two months from the date of receipt/production of a copy of this order. While making such payment of arrears the authorities will also consider grant of one extra increment to the petitioner in the light of the circular of the State Government which enjoins the State Government to grant one extra increment to those who have two children. Such consideration be also made within the same time. 5. This writ application is accordingly disposed of. Narendra/ ( V. N. Sinha, J. )