IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9218 of 2002 DR. AKHILESH KUMAR ARYA, son of late Shyam Lal Arya of village Sandelpur, P.S. Munger, District Munger, at present posted as Ayurvedic Medical Officer, Addl. Primary Health Centre Ghailadh Bazar, Madhepura … Petitioner Versus 1. THE STATE OF BIHAR 2. The Director, Health, Medical Education and Family Welfare Department, Govt. of Bihar, Patna 3. The Director (Deshi Chikitsha) Health, Medical Education and Family Welfare Department, Govt. of Bihar, Patna 4. The Commissioner cum Secretary Health, Medical Education and Family Welfare Department, Govt. of Bihar, Patna 5. The Special Secretary, Health, Medical Education and Family Welfare Department, Govt. of Bihar, Patna 6. The Deputy Secretary, Health Medical Education and Family Welfare Department, Govt. of Bihar, Patna 7. The District Deshi Chikitsha Padadhikari, Madhepura … Respondents ----------- 4. 21.6.2010 No one appears for the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ application reads as follows: “(i) To promote the petitioner in Junior Selection Grade i.e. in the scale of Rs. 3000-4500 P.M. with effect from 1.4.1986, as his juniors have already been given the said promotion with effect from the said date. (ii) To hold that the petitioner is entitled to the aforesaid promotion since he has already completed 10 years of service as on the 2 aforesaid date. (iii) To give the petitioner all financial benefits on account of the aforesaid promotion, as his juniors have been given the said financial benefits from retrospective effect, and from the date of their promotion.” From the reading of the writ application and a copy of the counter affidavit proposed to be filed today, it will be appear that the solitary reason for not promoting the petitioner was either absence from duty for a week or absence of certain vigilance clearance. In the counter affidavit it has been made clear that both the discrepancies have been now sought to be rectified, inasmuch as he has been given one week’s leave as admissible to him and the vigilance clearance has also been obtained. In fact this counter affidavit which was sworn on 25.11.2005 also talks of taking a final decision as with regard to grant of promotion to the petitioner within a period of three months. In that view of the matter, this Court would direct the respondents to ensure that the case of the petitioner is 3 considered objectively and whatever benefits to which he would become entitled by way of such consideration of the case for promotion will also be notified by the competent authority within a period of three months from the date of receipt/ production of a copy of this order. It goes without saying that in the event of grant of Junior Selection Grade to the petitioner with effect from 1.4.1986 or any subsequent date to which he is found entitled, the petitioner would also be entitled to payment of enhancement/ revision of pay scale/ retirement benefits, inasmuch as now the petitioner has definitely retired from the service. Let it be, however, also made clear that this Court has not gone into the merits of the case, inasmuch as it is for the authorities to consider as to whether there was any other impediment except those narrated in the counter affidavit which would have not even otherwise stopped the petitioner in getting the junior selection grade as on 1.4.1986. 4 With the aforementioned observations and directions this writ application is disposed of. (Mihir Kumar Jha,J.) Surendra/