IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13720 of 2000 JAGDISH JHA Versus THE STATE OF BIHAR & ORS ----------- 7. 26.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was promoted as an Executive Engineer by order dated 13.6.1984 in the Road Construction Department. It is not in controversy that he completed the necessary kalawadhi and became eligible to be considered for promotion to the post of Superintending Engineer on 14.6.1992. It is the case of the respondents that no person junior to the petitioner was promoted as such when promotions came to be made on 11.8.1994. The contention of the respondents that when fresh promotions were made to the post of Superintending Engineer the petitioner was on deputation to the Bridge Construction Corporation, does not impress the Court. The parent organization of the petitioner was Road Construction Department in which he continued to hold his lien. Therefore when the respondents were considering the cases of persons for promotion to the post of Superintending Engineer in terms of the order of this Court in CWJC No. 1990 of 1997 they were equally required to consider the case of the petitioner notwithstanding that he may have been on deputation to another department. To that extent this Court is not satisfied that to grant him promotion from 24.2.1999 was adequate consideration of his case when he retired thereafter on 31.3.1999. Neither has the petitioner nor the respondents furnished any details before this Court of the date from which the persons junior to the petitioner in the grade of Executive Engineer came to be promoted to the post of Superintending Engineer ignoring the consideration of the petitioner. It is therefore not possible for this Court at this stage to pass any positive orders in that regard except to direct the respondents to consider the case of the petitioner for promotion to the post of Superintending Engineer from the date that his juniors have been promoted and pass appropriate orders thereupon in accordance with law. The Court further holds that the petitioner shall be entitled to all consequential monetary benefits of the promotional post with effect from the date that the retrospective promotion is granted. The respondents are also directed to revise the pensionery and other benefits of the petitioner deeming him to have retired from the post of Superintending Engineer. Let this entire consideration and the consequential actions pursuant thereto be taken and proper orders passed in respect of the same within a maximum period of four months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)