IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1524 of 2002 MD.MATIULLAH KHAN Versus THE STATE OF BIHAR & ORS ----------- 3 24-10-2008 Heard the parties. Originally the writ petition was filed for directing the respondents to make necessary correction with regard to date of appointment of the petitioner in the final gradation list published on 26th March, 2001 so that petitioner may be given his correct place above the person at serial no. 861, Shri Jairam Sharma in the gradation list of Assistants in the joint cadre of Secretariat and attached offices and extract copy of that gradation list has been annexed as annexure-1 which shows that petitioner at serial no. 1356 is an assistant in the Revenue and Land Reforms Department. No counter affidavit is available on record but learned counsel for the petitioner has submitted that a copy of the counter affidavit was served upon him by the office of the Additional Advocate General No.2 and in that counter-affidavit it is admitted that petitioner’s claim for correcting his date of appointment and to place him above serial no. 861 in the gradation list has been accepted by order No. 198 dated 24-3-2003 passed by the Department of Personnel and Administrative Reforms. After receipt of counter affidavit, another petition has been filed on behalf of the petitioner as I.A. No. 2760 of 2006 in which two letters written by the petitioner on 27-4-2006 and 1-4-2006 have been annexed as Annexures -11 and 11-A seeking promotion on the post - 2 - of Section Officer with effect from 10-10-1996 in the light of similar promotion given to his juniors including one Chandra Shekhar Sharma who after his retirement was given the benefit of such promotion by notification no. 1305 dated 22nd July, 2003 with effect from 10-10-1996. There is no material before this court to show as to what happened on the representations of the petitioner noticed above claiming promotion on the post of Section Officer with effect from 10-10-1996. It is also not clear as to what happened to the petitioner’s request for giving him benefit under the Assured Career Progression Scheme of 2003 made through Annexure11-A on the ground that several junior persons have been given benefit of A.C.P. by departmental order no. 628 dated 11-3-2006. Petitioner appears to have retired from service during the pendency of this writ petition. Hence, it is found to be a fit case in which respondents must be directed to consider the claim of the petitioner for promotion on the post of Section Officer with effect from 10-10-1996 and also to the benefits under the Assured Career Progression Scheme in accordance with law. Accordingly, this writ petition is disposed of with a direction to the concerned respondents to now consider the claim of the petitioner as made in I.A.No. 2760 of 2006, particularly in Annexures 11 and 11-A and pass orders in respect of his claims for promotion on the post of Section Officer with effect from 10-10-1996 and other benefits noted above within three months from the date of production/communication of a copy of this - 3 - Naresh order. If persons junior to the petitioner have been granted such benefits, then it is expected that petitioner shall also be given such benefit but in case the benefits are not given to him for any good reasons then the reasons must be communicated to him so that he may challenge the said decision in accordance with law. Since the petitioner has retired from service, consequently monetary benefit should be given to him without any delay as soon as he is granted any promotion with effect from an earlier date, at least in pension.. With the aforesaid observations/directions the writ petition is disposed of. ( Shiva Kirti Singh,J)