IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16005 of 2009 1. HARI NANDAN KUMAR S/O LATE RAGHO SHARAN LAL R/O VILL.- SURAJPUR, P.S. & DISTT.- NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, LABOUR RESOURCES DEPTT., GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, EMPLOYMENT AND TRAINING, DIRECTORATE (EMPLOYMENT & TRAINING) EMPLOYMENT WING, BIHAR, PATNA 3. THE ASSISTANT DIRECTOR (EMPLOYMENT) DIRECTORATE EMPLOYMENT & TRAINING, BIHAR, PATNA 4. THE ASSISTANT DIRECTOR (EMPLOYMENT) ADDITIONAL PROVINCIAL EMPLOYMENT EXCHANGE, GAYA 5. THE DEPUTY DIRECTOR (EMPLOYMENT) MAGADH RANGE, GAYA 6. THE DISTRICT MAGISTRATE, NAWADA 7. THE DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT EXCHANGE, NAWADA ----------- 2. 04.01.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is aggrieved by denial of monetary benefits of the suppertime scale granted to him by order dated 11.2.2009 with effect from 14.1.1990 even while directing that the benefits of promotion shall be available only from 31.12.1995. The recitals in the order of promotion clearly states that promotion was being granted to him on an existing vacancy and from that date. Once the respondents have held that vacancy exists for grant of promotion with effect from 14.1.1990 they cannot split up the order of promotion in two parts by giving promotion from one date and denying the actual benefits of the promotion from that date. It is apparent that the fault lay with the respondents in not granting promotion to the petitioner in time despite availability of vacancy. The petitioner cannot be visited with the consequence for the laches on the part of respondents. Once promotion has been granted it has tobe given full effect. The order dated 11.2.2009 is set aside to the extent that it directs that benefits of promotion shall be available from 31.12.1995. This Court directs the monetary benefits of the promotion to be paid to the petitioner from the date of promotion i.e. from 14.1.1990 to be complied with 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 off. Snkumar/- (Navin Sinha,J.)