IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1859 of 2001 DR. ADITYA NARAIN SINGH & ANR Versus THE STATE OF BIHAR & ORS ----------- 3/ 1/9/2008. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are before this Court seeking the relief of grant of Senior Selection Grade pay scale by of second time bound promotion in the Department of Animal Husbandry. Counter affidavit has been filed. Their eligibility to the second time bound promotion with effect from 16.11.1990 ad 8.9.1990 respectively is not in controversy. Likewise, it is not in controversy that vigilance clearance was given with respect to them which lapsed on 12.9.1996. Their cases were not taken up for consideration within the period of validity of vigilance clearance when it is now being urged that their cases shall be considered only after fresh vigilance clearance is received. This Court is satisfied that if the date of eligibility for the promotion is discernable and once a vigilance clearance is received, the - 2 - respondents cannot be given latitude for their own lapses to allow the vigilance clearance to expire and then to urge that the case of the petitioner shall be required to be considered afresh only after fresh vigilance clearance is received. This Court holds that once vigilance clearance with regard to the petitioner was received and which lapsed on 12.9.1996 attributable to the respondents alone for non- consideration in time, the petitioners are entitled to their second time bound promotion with effect from 16.11.1990 and 8.9.1990 respectively. No substantive promotion is involved. It is only a question of grant of additional monetary benefits. Let the same be paid to the petitioners with effect from the due dates with retrospective effect within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha,J )