IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4071 of 2008 MAHESH PRASAD SINGH S/O LATE KAPILDEO SINGH, R/O VILLAGE-STATION ROAD, BEGUSARAI, GACHHITOLA, P.S.+ DISTRICT-BEGUSARAI, AT PRESENT ASSISTANT SUB INSPECTOR OF POLICE, RAIL P.P., HASANPUR ROAD, UNDER MUZZAFARPUR RAIL, DISTRICT-MUZZARARPUR. …………Petitioner Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE (INCHARGE PERSONNEL), GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 4. THE SUPERINTENDENT OF POLICE, BHAGALPUR. 5. THE SUPERINTENDENT OF POLICE, RAIL, MUZZAFARPUR. 6. THE DEPUTY INSPECTOR GENERAL OF POLICE, RAIL, MUZZAFARPUR. 7. THE REGIONAL INSPECTOR GENERAL OF POLICE, RAIL, MUZZAFARPUR. ………..Respondents ----------- 03 20.04.2011 The petitioner has filed this writ application praying therein that he may be promoted to the post of Sub-Inspector. The petitioner was appointed as Sub-Inspector by order dated 14.08.2007 contained in Annexure-1. The name of the petitioner finds place at serial no. 384 in the list. At Annexure-1, it has been mentioned that said promotion will be subject to verification of the fact as to whether the persons appointed, had faced any departmental proceedings or had been inflicted a punishment by the higher authorities. Finally on verification, the petitioner was granted promotion vide Annexure-C dated 26.03.2008 to the counter affidavit filed on behalf of respondent no. 5. The order passed by 2 the District Authorities dated 27.03.2008 as contained in Annexure-C/1. The only grievance of the petitioner is that by virtue of passing the order confirming the petitioner’s promotion after seven months, he loses his seniority and salary of seven months. It is well settled law that an order of promotion will date back to the date on which it was first issued, if there are certain intervening factors, such as, verification of any part of his records or certificates, which are a condition precedent for confirmation of promotion. Therefore, I direct that the Superintendent of Police, Railway should amend the order contained in Annexure-C within a period of three months from the date of receipt/production of a copy of this order with respect to the date from which the promotion would be effective. The question as to whether the petitioner would be granted salary of the promoted post would depend on the fact as to whether he was allowed to work as a Sub-Inspector and was performing the duty of Sub-Inspector. The case of the petitioner is that he has been allowed to work on the post of Sub-Inspector and as such he is entitled to pay and the salary, during the interim period between the issuance of Annexure-1 and Annexure-C. However, if it is found that petitioner has not joined on the promoted post, the petitioner would not be entitled for payment of the salary of the said seven months. Nevertheless, the said period, would be added for the purpose of calculating the seniority as well 3 as the length of service on the said post. This writ application is allowed to extent mentioned above. Safik (Sheema Ali Khan, J.)