IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7879 of 2001 Bhagwan Das son of Late Bhola Harijan working as Superintending Engineer Rural Devlopment Special Circle, Post Office, Purnea, Police Station Khazanchi Hat, Sub Division, District and Town Purnea ……. Petitioner VERSUS 1. The State of Bihar 2. Commissioner-cum-Secretary, Department of Water Resources, Government of Bihar, Patna 3. Joint Secretary, Department of Water Resources, Government of Bihar, Patna 4. Special Secretary, Department of Water Resources, Government of Bihar, Patna. …… Respondents ----------- For the Petitioner : M/s Rajendra Prasad Singh, Sr. Advocate and Rajeev Kumar Singh, Advocate For the State : M/s Prabhat Kumar Singh, SC 21 and Sanjeev Kumar Singh, JC to SC 21 ----------- 5 29.9.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has a simple grievance that as an Executive Engineer in the department of Water Resources, Govenrment of Bihar he was senior to another Executive Engineer, Bhes Narayan Ram but still the respondents made his junior a Superintending Engineer with effect from 11.6.1996 whereas petitioner was made Superintending Engineer with effect from 30.6.1999. The order granting promotion to Bhes Narain Ram is annexed as Annexure-7. It is not in dispute that petitioner and Bhes Narain Ram are 2 members of reserved category of Scheduled Caste. Learned counsel for the State has submitted on the basis of supplementary counter affidavit and the gradation list of Superintending Engineers of the concerned department dated 5.1.2007 contained in Annexure-B that name of the petitioner in that gradation list is at serial 345 and column 7 shows that he has been promoted to the post of Superintending Engineer with effect from 30.6.1999. In respect of Bhes Narain Ram it was shown that he is below the petitioner at serial 356 and his date of promotion as Superintending Engineer has been shown as 1.1.2000. It is further case of the respondent State that said Bhes Narain Ram has not been given monetary benefits on the basis of his promotion to the post of Superintending Engineer with effect from 11.6.1996 vide Annexure-7 and even if wrongly given, the same is fit to be taken back because now, as per Annexure- B, his date of promotion to the post of Superintending Engineer is 1.1.2000. There is no dispute that if a junior has been wrongly given some benefits causing loss to the senior in terms of seniority or financial benefits, benefits given to such junior may be withdrawn by the State for good reasons. However, it is not clear whether Annexure-7 has been subsequently 3 amended and benefits given to Bhes Narain Ram on that basis have been withdrawn. Since no other reason now exits to discriminate the petitioner vis-à-vis his junior Bhes Narain Ram after his seniority over Bhes Narain Ram has been accepted vide Annexure-B, the gradation list dated 5.1.2007, this Court is of the view that petitioner cannot be deprived of any monetary benefits for working on the post of Superintending Engineer in comparison with the benefits given to his junior Bhes Narain Ram. The concerned respondents must restore parity of financial benefits to the petitioner in comparison to Bhes Narain Ram. If Bhes Narain Ram has been given monetary benefits for any period earlier to 1.1.2000, petitioner should either be paid the same benefits or if the law permits and the respondents can correct the error and recover extra monetary benefits paid to Bhes Narain Ram then they may be legally justified in refusing similar benefits to the petitioner. In view of aforesaid discussion of facts and law, the writ petition is disposed of with a liberty to the petitioner to file a representation claiming financial benefits for the post of Superintending Engineer as given to his junior Bhes Narain Ram. Such claim must be considered and disposed of in accordance with law and the observations/directions given 4 above at an early date, preferably within four months from the fate of filing of the representation along with a copy of this order. The writ petition is allowed to the aforesaid extent. (Shiva Kirti Singh, J.) sk