IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9578 of 2005 SHEO NARAYAN ROY, retd. Junior Engineer (Mechanical) son of Late Laldhari Roy, resident of Village Daudpur (Chaknur), P.O. Rahmatpur, District Samastipur. Versus 1.THE STATE OF BIHAR through the Chief Secretary, Old Secretariat, Patna. 2.Commissioner Cum Secretary, Water Resources (Irrigation), Department, Government of Bihar, Patna. 3.Additional Secretary (Incharge Mechanical), Water Resources (Irrigation) Department, Government of Bihar, Patna. 4.Secretary. Rural Development Department, Government of Bihar, Patna. 5.Commissioner Cum Secretary, Department of Finance Government of Bihar, Patna. 6.Executive Engineer, Rural Development, Special Division no.2, Banka. ----------- 2 8/12/2009 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “(a)For issuance of writ in the nature of Mandamus directing/commanding the respondents to promote the petitioner in Senior Selection Grade w.e.f. 1.3.1989 in view of Memo No.248 dated 7.3.2000 issued under the seal and signature of Additional Secretary, Water Resources Department, Government of Bihar, Patna while juniors to him have been given such promotion. (b)For further directing the respondents also to promote the petitioner in Super Time Scale w.e.f. 1.1.1993 in vies of Memo No.800 dated 22.2.2002 issued under the seal and signature of Additional Secretary, Water Resources Department, Government of Bihar, Patna while junior to him have 2 been given such promotion. ©The writ petitioner further prays for directing the respondents to make payment of the arrears salary of his due promotion with effect from the date as mentioned above and other consequential benefits to the petitioner.” With reference to the aforementioned prayer counsel for the petitioner would submit that during pendency of this writ application the respondents have come out with two orders of promotion vide order dated 14.9.2005 as contained in Annexures A and B to the counter affidavit, whereby and whereunder, the petitioner has been notified for his Senior Selection Grade w.e.f. 1.3.1989 and Super Time Scale w.e.f. 1.1.1993, but the financial benefit thereof has not been given to him as yet. Counsel for the State, on the other hand, would submit that the orders as contained in Annexures A and B are itself quite clear wherein there was also a direction for payment of arrears on account of such promotion to the petitioner by the Controlling Officer at the place of last posting of the petitioner prior to his retirement. i.e, the office of the Rural Development, Special Division No.II, Banka. Considering the aspect that the petitioner has not controverted any of the averment including the aforementioned orders of two his promotion dated 14.9.2005, despite service of a copy of the counter affidavit 3 on 5.10.2005, this Court must hold that this writ application has become infrutuous by issuance of Annexures A and B. If the petitioner has not yet been given the financial benefits in terms of the orders as contained in Annexures A and B, he may move the competent authority who must decide the same in accordance with law as per the government decision in accordance with the orders at Annexures A and B also contemplating payment of arrears of salary and allowances from the date of promotion. With the aforementioned observation/direction this application is finally disposed of. Abhay Kumar (Mihir Kumar Jha, J.)