IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12557 of 2005 RABINDRA BHUSHAN SHRIVASTAVA Versus THE STATE OF BIHAR & ORS ----------- 5/ 10/7/2008. Despite grant of adjournment for the purpose on more than one occasion, no counter affidavit has been filed. This Court does not consider it necessary to adjourn the matter any further for that reason. The prayer in the writ application is for grant of pay scale of the post of Associate Professor held by the petitioner since 19.1.1996 when he was given the post of Professor on 23.11.2003 from which he retired on 31.7.2004. Learned counsel for the petitioner submits that even while the petitioner was kept in his original pay scale of Assistant Professor he was asked to discharge the duties of Associate Professor and then of Professor without the higher pay scales of the corresponding posts when the petitioner was fully eligible and fulfilling all relevant criteria for promotion to the aforesaid posts and despite availability of vacancy on which he was asked to officiate he was not given substantive promotion, but ad hocism was resorted to by respondents. That the petitioner has filed a representation which is still pending. The writ application is disposed with directions to the respondents to examine the representation of the petitioner and his eligibility for promotion to the post of Associate Professor and Professor and if the petitioner be entitled to the same pass necessary consequential orders including that for monetary benefits, within a maximum period of four months from the date of receipt/production - 2 - of a copy of this order. In that event the arrears shall carry interest @ 3% per annum till date of payment. In the event that the petitioner is to be denied substantive promotion to the posts aforesaid, the authorities must pass a reasoned and speaking order. The writ application stands disposed with aforesaid directions. KC ( Navin Sinha,J )