IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1842 of 2011 YAMUN BHAGAT S/O LATE JAGESHWAR BHAGAT R/O WESTERN KOSHI COLONY W.T.R.B.44 BHIMNAGAR PO- BHIMNAGAR BARRJ, PS- BIRPUR, DISTT- SUPAUL----PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECY. DEPATT. OF WATER RESOURCES, SINCHAI BHAWAN PATNA 3. THE CHIEF ENGINEER (MECHANICAL) DEPATT. OF WATER RESOURCES OLD SECRETARIATE GOVT. OF BIHAR,PATNA 4. THE SUPERINTENDING ENGINEER (MECHANICAL) MECHANICAL CIRCLE DEPARTMENT OF WATER RESOSURCES BIRPUR 5. THE EXECUTRIVE ENGINEER IRRIGATION MECHANICAL DIVISION DEPARTT. OF WATER RESORUCES BIRPUR DISTT- SUPAUL 6. THE A.G. (A&E)-II, BIHAR BEERCHAND PAAATEL PATH PATNA-------------------------RESPONDENTS ----------- 2 29.6.2011 Heard learned counsel for the parties. Petitioner entered in service in the work charge establishment way back on 1.3.1959. He was subsequently regularized and taken in the permanent establishment vide the policy decision brought into place by the State Government on 20.8.1991. Petitioner retired from service on 30.6.1997. He makes a grievance that while he was in service he was not given benefit of second time bound promotion whereas certain persons who were junior to the petitioner holding similar post in the department has been conferred this benefit as recent as on 16.3.2011. The said notification has been brought about on record as annexure-5 along with supplementary affidavit. The two persons who have been picked up for such benefit are one Ram Lot Yadav. A Dumper operator who retired in the year 1999 and another Ram Das Harizan, a Showel operator who retired on 31.10.2007. There could a reason for the petitioner to place discrimination for conferment of benefits of such promotion but - 2 - since the State Government is the custodian of service record they are best placed to look for the entitlement on the post on this score. Learned counsel for the State raised an objection that the claim had been raised at a very belated stage and such belated claim ought not to be entertained. The Court could have been inclined to go with the submission of the State if annexure-5 was not in place issued in the year 2011. If others not in service can be given this benefit even at such belated stage the there is no reason why the claim of the petitioner cannot be considered. In view above, this writ application is disposed of with a direction that the petitioner will lodge a claim upon Chief Engineer (Mechanical), Department of Water Resources, Government of Bihar, i.e. respondent no. 3 along with a copy of this order with supporting material and he shall be obliged to communicate his decision to the petitioner within eight weeks from the date of filing of such application. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)