IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1766 of 2002 SAIFUL ISLAM SON OF LATE DR.S.M.RAZI, ASSISTANT RESEARCH OFFICER, REGIONAL LABORATORY,NORTH BIHAR CIRCLE,ROAD CONSTRUCTION DEPARTMENT,GOVT.OF BIHAR, MUZAFFARPUR. Versus 1.THE STATE OF BIHAR 2.The Secretary, Road Construction Department, Govt.of Bihar, Nirman Bhawan, Patna. 3.The Joint Secretary, Road Construction Department, Govt.of Bihar, Nirman Bhawan, Patna. 4.The Chief Engineer, Central Design organization, Road Construction Department, Govt.of Bihar, Nirman Bhawan, Patna. ----------- Advocate for the petitioner:-Mr.D.K.Singh Advocate for the State:-JC to SC-XI ------------ 3/ 10-Nov-08 Heard learned counsel for the petitioner and learned counsel for the State. On behalf of the petitioner a grievance has been raised that by order contained in Annexure- 3 dated 29th of March, 2001, 61 persons were promoted from the joint cadre of Assistant Research Officer to the post of Assistant Director out of whom large number of persons after serial-20 are juniors to the petitioner as evident from gradation list contained in Annexure-1 and there is no good reason for not promoting the petitioner along with his juniors. The prayer of the petitioner in the writ petition is to direct the respondents to promote him to the post of Assistant Director w.e.f.29.3.2001. The counter affidavit filed on behalf of 2 respondents discloses that by order dated 17.7.2002 (Annexure-A) petitioner and one more person belonging to general category have been granted promotion to the post of Assistant Director but w.e.f. the date of notification i.e.17.7.2002. The counter affidavit does not meet the allegation of the petitioner that there was no good reason to deny promotion to the petitioner when his juniors were considered and promoted by Annexure-3 dated 29.3.2001. Considering that there is absolute lack of any material to justify refusal of promotion to the petitioner from 29.3.2001, on account of his admitted seniority and other relevant facts the writ petition is allowed to the extent that the promotion granted to the petitioner on the post of Assistant Director vide Annexure-A dated 17.7.2002 shall be treated to be a promotion granted to the petitioner w.e.f. 29.3.2001, the date on which several of his juniors were promoted to such a post. The consequential benefits should be made available to the petitioner within a reasonable period and in any case within three months. perwez (Shiva Kirti Singh, J.)