WP(C) 2880/2006 BEFORE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. A.R. Sikdar, learned counsel for the petitioner as well as Mr. S. Dutta, learned counsel representing the respondents/Bank (Respondents No. 1 to 6). Also heard Mr. D. Choudhury, learned counsel appearin g for the respondent No. 10. The matter relates to the claim of the petitioner for promotion to the p ost of Officer Scale- II. The petitioner has challenged the order dated 10.01.20 06(Annexure-3) by which the respondents No. 9 and 10 have been promoted. The pet itioner is aggrieved by his non-promotion. It is submitted by the learned counse l for the parties that this case is covered by the judgment reported in (2008) 3 GLT 792 ( Deba Chakraborty and Ors. V. State of Assam & Ors) by which the follo wing order was passed. 15. Although a prayer has been made for setting aside and quashing the promo tion of the Respondents No. 8 and 9 and for that matter, all other officers arra yed as party respondents, but I am of the considered opinion that ends of justic e would be met if the respondent - Bank considers the case of the petitioners fo r their promotion with effect from the date when their juniors were promoted to the next higher grade. This shall be done applying the true test of seniority-cu m-merit, about which discussions have been made above. The respondent-Bank will bear in mind that the Apex Court has already interpreted the same set of rules i n the aforesaid decision of B.V. Sivaiah. 16. Upon consideration of the case of the petitioners on the above basis, if they are promoted to next higher rank of Scale- II officer, such promotion will be effective from the dates when their respective juniors were so promoted from Scale-I grade. However, since the petitioners have not shoulders the responsibi lity of higher post, upon their promotion to the said grade, they will be entitl ed to notional fixation of pay only with seniority and they will be entitled to get actual financial benefit from the date of shouldering the responsibility of the next higher post. Consequently, this writ petition is also allowed directing the respon dents to consider the case of the petitioner in terms of the aforesaid direction s. Let the entire exercise be carried out as expeditiously as possible preferably within 31st of May, 2011.