IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11271 of 2001 4 7.11.2008 Birendra Prasad Singh son of late Jainarayan Singh, resident of village Jogiara, Gandhichowk, P0lice Station Jaley District Darbhanga Versus 1.The State of Bihar through the Secretary/ Commissioner, Water Resources Department, Government of Bihar, Patna 2.The Secretary/ Commissioner, Water Resources Department, Government of Bihar, Patna 3.The Chief Engineer, Water Resources Department, Bhagalpur 4.The Superintending Engineer, Irrigation Circle, No.2, Jamui 5.The Executive Engineer, Irrigation Division No.2, Jamui 6.Hari Shankar Prasad father’s name not known to the petitioner, Junior Selection Grade Clerk, Irrigation Division No.2, Jamui ----- Heard learned counsel for the petitioner and learned counsel for the State. Pursuant to order of this Court dated 23.9.2008 a supplementary counter affidavit has been filed on behalf of respondent no.5 in which the contents in paragraphs 28 and 29 of the writ petition as well as genuineness of Annexures 10 and 11 have been admitted. The supplementary counter affidavit further mentions that the earlier counter affidavit sworn by one Devendra Jha, the then Executive Engineer, Irrigation Division No.2, Jamui suffered from inadvertent error and due to mistake the aforesaid paragraphs and Annexures were not replied to. This Court is not convinced that the error 2 was inadvertent but the matter need not be pursued any further in this Court. The head of the particular department i.e. Water Resources Department, Government of Bihar is expected to look into such act of Sri Jha and take whatever action is deemed appropriate. Since the petitioner has already superannuated hence his claim is confined to monetary benefits only on account of his being deprived of promotion/ posting to the post of Head Clerk on account of impugned order contained in Annexure-8 issued by the Chief Engineer of the Water Resources Department, Bhagalpur on 23.7.2001. By orders contained in Annexures 10 and 11 issued by the same Chief Engineer on 10.7.2001 and 28.7.2001 respectively petitioner’s earlier time bound promotions and his being made permanent with effect from 1.3.1978 has been accepted and reiterated. On that account the stand in the impugned order contained in Annexure-8 that petitioner was not entitled for promotion in junior selection grade cum head clerk must be held to be wrong in facts and law as is clear from orders of the Chief Engineer contained in Annexures 10 and 11. In that view of the matter, it must be held that petitioner was wrongly deprived of benefits of promotion in the junior selection grade cum head clerk scale. 3 The writ petition is, therefore, allowed to the extent that the concerned respondents are directed to grant the admissible monetary benefits to the petitioner by treating that he was entitled to and was promoted on the post of head clerk from due date. Such benefits must be given to him without any delay preferably within three months from the date of production/ communication of a copy of this order. (Shiva Kirti Singh, J.) sk