IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11048 of 2006 BRAJ KISHORE PRASAD SHAHI, SON OF LATE DIGAMBAR PRASAD SHAHI, RESIDENT OF VILLAGE – CHAUHUA, P.S. KURHANI, DISTRICT – MUZAFFARPUR, PRESENTLY WORKING AS JAIL CLERK CUM INCHARGE ASSISTANT JAILOR, SUB- JAIL, BUXAR. …………. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE HOME SECRETARY, GOVT. OF BIHAR, PATNA. 3. THE INSPECTOR GENERAL OF PRISONS (JAIL), BIHAR, PATNA. 4. THE DIRECTOR OF ADMINISTRATION PRISONS (JAIL), BIHAR, PATNA. ………… RESPONDENTS. ----------- 05/ 28.04.2011 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer in this writ application is for directing the respondents to consider his case for promotion to the post of Assistant Jailor with all consequential benefits with effect from the date his juniors have been given promotion. The specific case of the petitioner is that his case for promotion was not considered on account of pendency of the criminal case. So far criminal case is concerned, that has ended in acquittal of the petitioner, but the respondents are not considering his case for promotion despite his acquittal in the criminal case. The reason which was shown in the counter affidavit for non-consideration of the petitioner’s case for promotion was considered by this 2 Court and by order dated 15.3.2011 it was held that the reason, which has been shown in the counter affidavit for non-consideration of promotion to the petitioner, in fact, has got no relevance. The petitioner is entitled for promotion on account of his acquittal. The Director General of Prison was asked to appear in person and also asked as to when he will convene a meeting of the D.P.C. for giving promotion to the petitioner. From the statement in the counter affidavit as well as the resolution of the Departmental Promotion Committee annexed as Annexure-F indicates that in the light of order dated 15.3.2011 a meeting of D.P.C. was held on 4.4.2011. Petitioner’s case for promotion was considered and he has been recommended for promotion to the post of Assistant Jailor with effect from the date juniors to the petitioner were allowed i.e. 24.12.1998. The petitioner has already superannuated, as such the promotion will be given to him with retrospective effect with all consequential benefits. The Finance Department will have to take decision as per the recommendation of the D.P.C. and a notification in 3 this regard is to be issued, whereby the petitioner will be promoted to the post of Assistant Jailor with effect from 24.12.1998 with all consequential benefits. On account of such promotion the respondents will have to re-fix petitioner’s pension and he will also be entitled for arrears of pension on account of its revision. The respondents will complete all these formalities within six weeks from the date of production/communication of this order. With these directions and observations, this writ application is allowed. DKS/ (Mridula Mishra, J.)