IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16381 of 2010 MAHANTH MANJHI, SON OF LATE SAGAR MANJHI, RESIDENT OF VILLAGE & P.O.- SONAULI, P.S.- NASHRAK, DISTRICT- CHAPRA, BIHAR SUPERANNUATED FROM BIHAR, STATE FOOD & CIVIL SUPPLIES CORPORATION PATNA AS ASSISTANT ACCOUNT OFFICER WITH HEADQUARTER AT SITAMARHI:--PETITIONER. Versus 1. THE GOVERNMENT OF BIHAR THROUGH THE SECRETARY, FOOD & CONSUMER PROTECTION DEPARTMENT, PATNA. 2. THE BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, PATNA THROUGH ITS MANAGING DIRECTOR SONE BHAWAN, 5TH FLOOR, VIRCHAND PATEL PATH, PATNA. 3. THE MANAGING DIRECTOR, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, PATNA. 4. THE CHIEF OF ADMINISTRATION, B.S.F.&C.S.CORPORATION, PATNA. 5. THE CHIEF OF VIGILANCE B.S.F. & C.S. CORPORATION, PATNA. 6. JWALA PRASAD SHARMA, ASSISTANT B.S.F.&C.S. CORPORATION, PATNA. 7. ALL OF ABOVE FROM 2 TO 6 ARE SONE BHAWAN, 5TH FLOOR, VIRCHAND PATEL PATH, PATNA :--- RESPONDENTS. ----------- For the petitioner : Mr. Mahanth Manjhi (In Person). For the Corporation : Mr. R.S.Pradhan, Senior Advocate & Mr. A.N.Rai, Advocate. For the State : Mr. Abinash Kumar, A.C. to G.P-I. ===== 2. 29.09.2010. Heard the petitioner, counsel for the State and the counsel for the Bihar State Food & Civil Supplies Corporation (hereinafter referred to as the “Corporation”). 2. Petitioner superannuated while serving as Assistant Accounts Officer with the Corporation with effect from 31st January, 2009. Prior thereto he was promoted as Accounts Officer under office order bearing Memo No. 6830 dated 23.11.2000, Annexure-4. Perusal of Annexure-4, however, indicates that the promotion was subject to approval - 2 - of Bureau of Public Enterprises. It appears, Bureau did not consider and grant approval to the promotion allowed to the petitioner under order dated 23.11.2000, Annexure-4. In appreciation of such fact the promotion allowed to the petitioner under office order dated 23.11.2000, Annexure-4 was kept in abeyance under office order bearing Memo No. 1380 dated 01.03.2001, Annexure-3. The Bureau of Public Enterprises was abolished by the State Government and the function entrusted to the Bureau has since been transferred to the Finance Department but till date the question of approval of the promotion granted to the petitioner has not engaged the attention of either the Bureau of Enterprises or the successor Finance Department as nothing has been communicated to the petitioner till date. Meanwhile, the retiral dues of the petitioner on the basis of service rendered by him as Assistant Accounts Officer has been finalized. It is submitted by the petitioner that if the promotion matter is finalized by the authorities of the Finance Department then his pensionary benefit shall be increased substantially and the authorities of the Finance Department should consider the matter at the earliest. 3. Having heard the petitioner and the - 3 - counsel for the Corporation and the State, I direct the authorities of the Finance Department to consider the case of the petitioner for grant of approval to the promotion of the petitioner on the post of Accounts Officer in the light of the contents of the office order dated 23.11.2000, Annexure-4, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the authorities of the Finance Department. 4. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)