IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12613 of 2002 KRISHNA BIHARI PRASAD Versus THE STATE OF BIHAR & ORS ----------- 03 19.3.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who retired from service as a Junior Engineer on 31.1.2000 from the Public Works Department has come to this Court with the grievance that junior to him in the gradation list have been promoted to the post of Assistant Engineer, he has been left out of consideration despite the fact that there is no adverse remarks against him. Learned counsel for the State has no objection to disposal of writ application with direction to consider the claim of the petitioner’s promotion to the post of Assistant Engineer, for which he is stated to have filed representation already, appended as Annexures – 4 to 7 and to pass appropriate orders on his claim within a maximum period of four months from the date of receipt and/or production of a copy of this order. If the respondents find justification in the claim of the petitioner or any part of the claim, the respondents shall simultaneously be obliged to make him available the benefits of such promotion from the date 2 that his juniors have been so promoted along with all monetary benefits of the same. The writ applications stands disposed off. P.K. (Navin Sinha, J.)