IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3941 of 2002 SHALIGRAM JHA, S/O LATE PANDIT SADA NAND JHA, R/O MOHALLA+P.O.-ANISABAD, P.S.-GARDANIBAGH, DISTRICT-PATNA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE COMMISSIONER AND SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE COMMISSIONER AND SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, MAIN SECRETARIAT, PATNA. 5. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, VIKAS BHAWAN, NEW SECRETARIAT, PATNA. ……………RESPONDENTS. ----------- For the Petitioner : Mr.S.P.Mukherjee, Sr. Adv. and Mr. Shanti Pratap, Adv. For the State : Mr.Nirmal Kr.Sinha, Adv. ----------- 7 28.04.2010 Heard learned senior counsel for the petitioner and learned counsel for the State. Petitioner’s initial claim was for his promotion to the post of Section Officer which he agitated in CWJC No. 409 of 1991. During the pendency of the said writ application the respondents issued a notification, as contained in Annexure-6, granting promotion to the petitioner to the post of Section Officer with effect from 11.4.1979 on notional basis and he was held entitled for monetary benefits of such promotion with effect from 1.3.1986 only. In 2 view of the said notification issued by the respondents, this Court found that the grievance of the petitioner had been redressed and, therefore, it dispose of the writ application vide order as contained in Annexure-7. In the order, it was observed that ‘no further relief can be granted to the petitioner’. Petitioner felt that this observation of the Court may affect his future prospects in respect of promotion and other benefits and, therefore, he filed Civil Review application for modification of the order. The said Civil Review application was dismissed as withdrawn vide order as contained in Annexure-8 in which liberty was granted to the petitioner to file a fresh writ application. Accordingly, this writ application has been filed praying therein for a direction to the respondents to consider his case for further promotion to the post of Registrar and Under Secretary in the Department. The claim of the petitioner hinges on the ground that his juniors were granted such promotion ignoring his claim and superseding him. Counter affidavit and supplementary 3 counter affidavit has been filed in this case. In sum and substance the stand of the respondents is that in view of the order passed by this Court in CWJC No. 409 of 1991 petitioner was not entitled to any further relief. Learned counsel for the petitioner has referred to Annexure-A to the counter affidavit to show that in fact taking into account the said order of this Court the petitioner’s claim for any further benefit has been rejected. The said observation of the Court in its order, as contained in Annexure-7, was to the detriment of the petitioner which he realized at that very time. Therefore, he had filed the Civil Review application. While disposing of the Civil Review application, this Court had granted liberty to the petitioner to file a fresh writ application. Thus, it is clear that this Court allowed the petitioner to agitate his claim for further benefits on the basis of said promotion in a fresh writ application. Even if it is assumed that the said observation of the Court in some way affected the right of the petitioner to claim further relief the same thus stood wiped out by the 4 observation made by this Court in the order disposing of his Civil Review application by which he was granted liberty to file a fresh writ application for subsisting grievances. Therefore, petitioner was entitled to file this writ application for grant of further relief of promotion to him by dint of his promotion to the post of Section Officer with effect from 11.4.1979. The respondents have not contested the claim of the petitioner on merits. The respondents have also not disputed that his juniors, particularly one Upendra Jha and Brahma Nand Jha, have been granted promotion while the case of the petitioner was not considered. Learned counsel for the State submits that the promotions were granted by the Health Department, but the Health Department has not filed counter affidavit. He further submits that the Personnel Department had specifically requested the Health Department to explain the position to this Court by filing an independent counter affidavit which they have not done. In the circumstances, this Court is of the opinion that the case of the petitioner for grant of further promotion taking into account 5 his services as Section Officer from 11.4.1979 requires consideration on merits by the respondents. While considering such claim of the petitioner the respondents are also required to consider the fact that his juniors were granted the said benefit. In the circumstances, this writ application is disposed of with a direction to the respondent no. 2, the Principal Secretary, Personnel and Administrative Reforms Department to consider the claim of the petitioner for grant of further promotion to him taking into account his services on the post of Section Officer with effect from 11.4.1979. This consideration shall be done on merits and in the light of the fact that the persons junior to him were granted the said benefit with due verification of facts from the Health Department, if necessary. The consideration should be made and final order in this respect should be passed within three months from the date of receipt/production of a copy of this order. It is made clear that, in case, on merits the respondent no. 2 does not find that 6 the petitioner was entitled for such benefits he will pass specific orders giving specific reasons for the same and the order shall be communicated to the petitioner within that very time. Arvind/ (J. N. Singh, J.)