P IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5377 of 2008 Chandradeo Rai, son of Late Bachchnu Rai, village Turki, PS Turki, District Muzaffarpur – Petitioner. Vs. 1) The State of Bihar through the Secretary, Animal Husbandry Department, Bihar, Patna. 2) The Director, Animal Husbandry, Bihar, Patna. 3) The Regional Director, Tirhut Range, Muzaffarpur. 4) The Dy. Director, Animal Husbandry, Bihar, Patna. 5) The Dist. Animal Husbandry Officer, Muzaffarpur. 6) The Finance Department through the Secretary, Bihar, Patna – Respondents. 3 12.5.2011 Learned counsel for the petitioner is permitted to add the Secretary, Finance Department, Bihar, Patna as a party respondent. The petitioner was working as an Assistant in the Animal Husbandry Department. He retired on 31.1.1999. During the period of service the petitioner was entitled to promotion which were not given by the department during his service tenure. After his retirement vide Annexure 4, dated 24.8.2006 the petitioner was granted the promotion. By Annexure 4, petitioner was granted promotion to the post of Live Stock Inspector with effect from 16.8.1987 and further granted promotion as Assistant Feeder Development Officer with effect from 16.8.1992. The order granting aforesaid promotions indicates that the petitioner would get the monetary benefits from the date of issuance of the order. Part of the order granting promotion from the date of issuance of the order of promotion is bad for the reason that the Government servants who are entitled to promotion and have superannuated in the mean time, are also entitled to the monetary 2 benefits which comes with the post. This has been the consistent view of the courts. Some of the cases are 1999 (1) PLJR 243, 2003 (2) PLJR 44 and 2004 (4) PLJR 120 which have decided that even, if a Government servant has superannuated, he is entitled to be considered for notional promotion and also to the monetary benefits of the said promoition. The plea taken by the State Government that the material benefits would be given from the date on which letter of promotion was issued is apparently misconceived. I accordingly direct the Director, Animal Husbandry Department, Bihar to pass an order granting monetary benefits to the petitioner from the date of grant of promotion and to recalculate his pension on the basis of the aforesaid monetary benefits that are to be granted to the petitioner. The matter should be sent to the Finance Department within a period of three months from the date of receipt of this order and the Finance Secretary should pass appropriate orders for payment of the dues of the petitioner within three months thereafter. The petitioner may file an application before the Accountant General, Bihar for recalculation of his retiral benefits. This writ petition is allowed to the extent indicated above. haque ( Sheema Ali Khan, J.)