IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 8254 of 2005 Dr Suresh Kumar, son of late Vishnu Deo Paswan, resident of At + P O – Kamaruddinpur, P S – Mufassil Singhoul, District - Begusarai (Bihar) - Petitioner Versus 1 The State of Bihar 2 The Finance Secretary, Government of Bihar, Patna 3 The Commissioner –cum- Secretary, Health, Medical Education and Family Welfare Department, Government of Bihar, Patna 4 The Civil Surgeon –cum- Chief Medical Officer, Samastipur - Respondents *** For the petitioner : Mr Shashi Shekhar Tiwary, Advocate For the S t a t e : Mr Ram Subhag Singh, AC to AAG - 15 *** 4 31.03.2011 The present writ petition has been filed by the petitioner, who is in the Bihar Health Service Cadre, for his promotion to Junior Selection Grade (20%) and for making payment of differential arrears of salary on account of such promotion. The writ petition was filed in the year, 2005 and no counter affidavit has been filed but learned counsel for the State has very fairly placed before this Court the notification of the State Government in the Department of Health and Family Welfare, Patna dated 01.06.2006 wherein the State Government has informed petitioner’s entitlement to Junior Selection Grade (20%) with effect from 14.08.1988 with a rider that the promotional benefit so be granted would be applicable/available upto 31.12.1995. The reason is obvious as with effect from 01.01.1996, there was a new pay revision with its own consequences. Learned counsel for the petitioner states that even a few 2 days back, the petitioner had informed him that neither he nor his Controlling Officer was aware of any such notification much less of being granted any financial benefits thereunder. Learned counsel for the respondent-State submits that the communication was sent to the petitioner as well as would be evident from the notification itself which could have been misplaced. However, learned State Counsel assured the Court that copy of the said notification would be resent to the concerned authorities and the petitioner, with the copy as given to him in the Court, could approach the authorities for consequential payments and other necessary action and the authorities would be bound to act thereunder. In view of this fair stand taken by the State, this writ petition is disposed of accordingly. Let a copy of the said notification be retained on the record of this case. As much time has already been lost, it is expected that the concerned Civil Surgeon would take appropriate action within three months of production of a copy of this order before him. M.E.H./ (Navaniti Prasad Singh)