CIVIL WRIT JURISDICTION CASE No.12983 OF 1996 In the matter of an application under Article 226 of the Constitution of India. 1. UTPAL KUMAR ROY, SON OF LATE DR. UPENDRA KUMAR ROY, RESIDEN TOF 60-NEHRU NAGAR, P.S. PATLIPUTRA COLONY, TOWN AND DISTRICT PATNA. 2. CHHOTE LAL SINGH, SON OF LATE LAKSHMI NARAIN SINGH, RESIDENT OF MOHALLA RAJAPUR, P.S. SHRIKRISHNAPURI, TOWN AND DISTRICT PATNA --------------------(Petitioners) Versus 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER AND SECRETARY, FOREST AND ENVIRONMENT DEPARTMENT, SINCHAI BHAWAN, PATNA 2. THE CHIEF CONSERVATOR OF FORESTS-CUM-MANAGING DIRECTOR, BIHAR STATE FOREST DEVELOPMENT CORPORATION LIMITED, 13-PATLIPUTRA COLONY, PATNA-13. 3. RAGHVENDRA PRASAD SINGH, ACCOUNTANT OFFICER IN THE MANAGING DIRECTOR, PATNA FOREST DEPARTMENT. 4. BIDUE KHATAIT ASSISTANT ACCOUNTANT OFFICER IN MUFASSIL CADRE, PATNA --------------------(Respondents) ----------- For the Petitioner : Mr. R.N.Mukhopadhaya, Advocate. For the State : Mr. Debanjan Choudhary, Advocate, AC to SC-3. For the Corporation : Mr.R.K. Shukla, Advocate. P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N.Sinha, J. It is submitted by the counsel for the petitioners that he has not received any instruction from petitioner no.1 to press this application, as such, he is not prosecuting the petition on his behalf. 2. Heard learned counsel for petitioner no.2, the State and the counsel for the Bihar State Forest Development Corporation. 3. Petitioner no.2 has confined his prayer to direct the respondent authorities to consider his case for promotion on the post of Assistant Accounts Officer with effect from 28.4.1987 as he was allowed such promotion with effect from 1.3.1988 under order dated 8.11.1988, Annexure-13 on the ground that he was officiating as Assistant Accounts Officer with effect from 28.4.1987. Such fact would appear from office - 2 - order No.2051 dated 28.4.1987, Annexure-11. It is further submitted on behalf of petitioner no.2 that after he was allowed officiation on the post of Assistant Accounts Officer under order dated 28.4.1987 without there being any break he continued to discharge the duties of the Assistant Accounts Officer until he was so promoted under order dated 8.11.1988, Annexure- 13 and in fitness of thing his case for grant of promotion on the post of Assistant Accounts Officer should have been considered with effect from 28.4.1987 as all along there remained vacancy for such promotion. There does not appear to be any dispute that petitioner was allowed officiation as Assistant Accounts Officer with effect from 28.4.1987 and promoted on the same post with effect from 1.3.1988, in the circumstances if the vacancy remained available with effect from 28.4.1987 he should have been allowed promotion with effect from 28.4.1987 instead of 1.3.1988. 5. Accordingly, it is directed that if there remained vacancy of Assistant Accounts Officer available on 28.4.1987 the case of the petitioner be considered for such promotion with effect from that date and if such promotion is allowed with effect from 28.4.1987 he also be paid arrears of difference of salary of the Assistant Accounts Officer with effect from 28.4.1987. Appropriate order in the light of this order be passed as early as possible, in any case within three months from the date of receipt/production of a copy of this order before the competent authority. 6. The writ application is, accordingly, disposed of. Patna High Court, Patna Dated the 20th July, 2010 NAFR/Rajesh (V.N.Sinha, J.)