IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10156 of 2002 GAURI SHANKAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- 5. 20.02.2009 Heard learned counsel for the petitioner and the State. The controversy for promotion has been aptly noticed in the order dated 26.9.2002. The petitioner was recommended by the Departmental Promotion Committee and approved by the Cabinet for promotion to the post of Superintending Engineer for which vacancy existed. Nonetheless, the persons junior to him were promoted when he came to this Court complaining of discrimination in September, 2002. Counter affidavit has been filed on behalf of the Respondents. It acknowledges that the petitioner was considered by the Departmental Promotion Committee for promotion to the post of Superintending Engineer. However, he was not recommended in pursuance thereof in 1998 as certain enquiries were pending against him with regard to the allegations of irregularity in adjustment of accounts of bitumen. It is not the case of the Respondents that the petitioner was subjected to any departmental proceedings and visited with punishment. The counter affidavit is that in that background his juniors were promoted. His case was considered again by the Departmental Promotion Committee on 23.12.2000. For the same reason his case 2 was kept pending and during which period he superannuated. The counter affidavit virtually admits the claim of the petitioner without any justification for denial of promotion. This Court, therefore, holds that the petitioner is entitled for promotion to the post of Superintending Engineer based on the recommendation of the Departmental Promotion Committee from the date that his juniors came to be promoted i.e. 24.2.1999. This Court also holds that he is entitled to the full arrears of salary on the promotional post till his date of superannuation and the fixation of his post retiral and other dues as if he retired from the post of Superintending Engineer. The writ application stands allowed. AKS/ (Navin Sinha, J.)