IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15609 of 2009 1. ARVIND KUMAR VERMA S/O LATE RAMADHAR PRASAD R/O FLAT NO. 302, S.S.ENCLAVE, ASHIAN NAGAR, P.S.- DIGHA, PATNA-13, AT PRESENT POSTED AS ASSISTANT ENGINEER (MONITORING) OFFICER OF CHIEF ENGINEER, SOUTH BIHAR WING (COMMUNICATION), ROAD CONSTRUCTION DEPTT.- PATNA 2. RAM DARAS SINGH S/O RAM SURAT SINGH R/O JAYA ENCLAVE, A.N. PATH, PATNA- 13, AT PRESENT POSTED AS ASSISTANT ENGINEER, RURAL WORKS DEPTT., WORKS SUBDIVISION, SIKANDARA, DISTT.- JAMUI Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, ROAD CONSTRUCTION DEPTT., GOVT. OF BIHAR, PATNA 2. THE DY. SECRETARY, ROAD CONSTRUCTION DEPTT., BISHWASHARAIYA BHAWAN BAILEY ROAD, PATNA 3. THE CHIEF ENGINEER CUM ADDITIONAL SECRETARY, ROAD CONSTRUCTION DEPTT., VISHWASHARAIYA BHAWAN BAILY ROAD, PATNA 4. THE SECRETARY, DEPTT. OF PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA ----------- 2. 16.12.2009 Heard learned counsel for the petitioners and the State. The contention on behalf of the petitioners is that by an order dated 3.12.1999 they have been given promotion to the post of Assistant Engineer along with monetary benefits with effect from 10.10.1993. But when the turn has come to be considered for promotion to the post of Executive Engineer from that of Assistant Engineer their seniority on the post of Assistant Engineer is being reckoned from 27.6.1996. Learned counsel for the State submits that the order dated 3.12.1999 grants them actual promotion from 27.6.1996. This Court finds it curious as the Respondents found the petitioner entitled to the salary of the higher post of Assistant Engineer according to the State Counsel from 10.10.1993.There is an apparent contradiction in the stand being taken on behalf of the State. Can a Government employee granted promotion from a particular date be granted the monetary benefits of the promotional 2 post from an earlier date? This Court, therefore, considers it appropriate to accede to the prayer of the petitioner to dispose off this writ application in terms of the order of this Court in CWJC No. 11264 of 2009 with liberty to file a representation. Needless to add that if the Respondents have found the petitioners fit for promotion to the post of Assistant Engineer from a particular date and give them monetary benefits from that date, the Respondents are obliged for all other purposes to treat that to be the actual date of promotion to the petitioners to the post of Assistant Engineer inclusive of reckoning for promotion to the post of Executive Engineer. Let such proposed representation of the petitioners be decided expeditiously preferably within a period of three months by a reasoned and speaking order. The application stands disposed. AKS/ (Navin Sinha, J.)