CIVIL WRIT JURISDICTION CASE NO.10953 OF 1994 In the matter of an application under Article 226 and 227 of the Constitution of India 1. DR.KRISHNA KUMAR PRASAD, SON OF LATE HARBANSH LAL, RESIDENT OF MOHALLA – C-20, INDRAPURI COLONY, ASHIANA NAGAR, P.S. SHASTRINAGAR, DISTRICT – PATNA. 2. DR. NIRMAL CHANDRA SINHA, SON OF LATE HARNATH SAHAI, RESIDENT OF -46, NANDANPURI-KHAJPURA, P.O. BIHAR VETERINARY COLLEGE, DISTRICT – PATNA. 3. DR. BHULAN SINGH, SON OF LATE KAPILDEO SINGH, RESIDENT OF QUARTER NO. 32, BANK COLONY, DIGHA, P.S. DIGHA, DISTRICT – PATNA. 4. DR. BINDESHWARI SAHU, SON OF LATE RAMESHWAR SAHU, RESIDENT OF VILLAGE – PURANI BAZAR, WARD NO. 1, MADHIPURA, DISTRICT – MADHIPURA. 5. DR. BISHNU KANT JHA, SON OF LATE BAIDYA NATH JHA, RESIDENT OF MITHILA COLONY, RAJEEV NAGAR, P.S. DIGHA, DISTRICT – PATNA. ……… PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA. 2. THE SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, MAIN SECRETARIAT, PATNA. 3. THE SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARTIAT, PATNA. 5. THE ADDITIONAL SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. ……… RESPONDENTS. ----------- For The Petitioners : - Mr. Durga Nand Jha, Advocate For The Respondents : - Mr. Ray Shivaji Nath, AAG-3 Mr. Shambhu Nath, AC to AAG -3. P R E S E N T THE HON'BLE JUSTICE SMT. MRIDULA MISHRA *************** Mridula Mishra, J. Heard counsel for the petitioner and counsel appearing for the State. The petitioners of this writ application have 2 to travel a lot, before their matter was placed before this Court for considering their prayer regarding promotion to Senior Selection Grade Class I service, with effect from the date they are entitled for it and also for a direction to provide them all consequential benefits, including the revised pension and gratuity on the basis of such promotion, as well as for payment of entire legal dues, including the arrears of difference of salary with interest at the rate of 15% per annum. Initially the writ application of these petitioners was dismissed on the ground that it is time barred. Petitioner preferred L.P.A. No. 1358 of 1995 for quashing of the order of the Single Judge. L.P.A. was allowed and the matter was remitted back for hearing of the writ application by the Single Judge. The case was heard on the point of admission and admitted for hearing by order dated 8.9.1998, since then it was pending. During the pendency of this writ application, Dr. Baikunth Prasad Singh, Dr. Umesh Nandan Prasad Sinha and Dr. Shekhar Prasad Mukherjee had filed C.W.J.C. No. 7980 of 1999 for similar relief, for 3 which present writ application had been filed by the petitioners. Prayer of the writ petitioners in C.W.J.C. No. 7980 of 1999 was also for allowing them senior selection grade for which they are eligible and also for payment of all monetary benefits, including revised pension and gratuity, once they are given promotion to the senior selection grade. This writ application was disposed of by order dated 11.01.2002, but as per the direction in the writ application the petitioners were not given the promotion in senior selection grade and consequential monetary benefits including re-fixation of their pension in the revised scale. This led to filing of MJC No. 1307 of 2002. In the contempt application the Secretary, Animal Husbandry and Fisheries Department (Opposite Party No. 2) filed his show cause in order to show that direction issued in the writ application has fully been complied. In support of the statement, notification no. 3675 dated 12.8.2003 was brought on the record of the case as Annexure-A. Through this notification cases of all such persons, who were entitled for their promotion in the senior selection grade was taken up for consideration by the 4 Departmental Promotion Committee and on recommendation of the D.P.C. as well as approval of the Cabinet, all those persons were promoted in senior selection grade in the pay scale of Rs.3700-5000/-. Through this notification, names of writ petitions of C.W.J.C. No. 7980 of 1999, as well as name of all five petitioners of this writ application were recommended by the Departmental Promotion Committee and all of them were allowed promotion in the senior selection grade. In this notification name of petitioner no. 1 Dr. Krishna Kumar Prasad was at serial no. 5, petitioner no. 2 Dr. Nirmal Chandra Sinha at serial no. 14, petitioner no. 3 Dr. Bhulan Singh at serial no. 12, petitioner no. 4 Dr. Bineshwari Sahu at serial no. 18 and petitioner no. 5 Dr. Bishnu Kant Jha at serial no. 19 of the notification No. 3675 dated 12.8.2003. Counsel for the petitioners submits that the first relief for which the petitioners have filed this writ application relating to promotion in senior selection grade in the pay scale of Rs.3700-5000/- has already been allowed to them by notification no. 3675 dated 12.8.2003 but till date consequential monetary 5 benefits have not been allowed to them, their pay scale has not been revised, they have not been paid their arrears of difference of salary in the promotional scale and their pension also has not been re-fixed in the promotional scale, due to which they have also not been paid the difference of arrears of revised pension as well as arrears of revised pensionary benefits. No counter affidavit has been filed on behalf of the State either to admit these facts or deny it. Considering the fact that notification giving promotion in Senior Selection Grade has already been issued in favour of the petitioners, in the year, 2003 itself, it is the duty of the respondents to allow them all consequential benefits, including re-fixation of their pension in the promotional scale, in case it has not been done till date. Respondents must do it, forthwith. This application is being allowed directing the Secretary, Animal Husbandry and Fisheries Department, Govt. of Bihar (Respondent No. 4) to make payment of arrears of difference of salary to the petitioners on account of fixation of their pay in the 6 promotional scale in senior selection grade and also to re-fix their pension in the promotional scale as well as make payment of arrears of difference of pension on account of fixation of their pension in the revised promotional scale. In case all consequential benefits allowed to the petitioners, have not paid, it must be paid within four weeks from the date of production/communication of this order. The order must be complied without any delay by the respondents. Patna High Court, Dated 17th March, 2011, DKS/ N.A.F.R. (Mridula Mishra, J.)