IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.253 of 2001 SHRIKANT YADAV & ANR Versus THE STATE OF BIHAR & ORS ----------- 4/ 27/8/2008. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners, who have superannuated from the Department of Agriculture on 30.6.1995 and 31.1.1993, are before this Court with a claim for promotion to the post of basic grade Class-2 Horticulture Category-7. It is, therefore, contended that their junior at Serial-28 of the gradation list has been granted such promotion without considering the case of the petitioners. They stood at Serial Nos.24 and 25 of the gradation list. That there was no other legal impediment to the consideration of their case for promotion. That the person junior came to be promoted by an order dated 23.3.1998 passed by this Court in C.W.J.C. No.798/97(R). No sooner that the petitioners became aware of such order, they have preferred this writ application with alertness in 2001. Learned counsel for the State submitting from the counter affidavit fairly acknowledges - 2 - the grant of promotion to a person junior to the petitioners, but submits that such promotion came to be granted in pursuance of the orders of this Court. He is, however, unable to explain how and why promotion came to be granted to persons junior ignoring those above him when this Court had given no directions to that effect. On the contrary the counter affidavit itself acknowledges that the case of the petitioners was sent to the Bihar Public Service Commission which found the petitioners fit for promotion with retrospective effect. In that background the last contention that Finance Department circular dated 22.2.1988 prohibits promotions with retrospective effect does not appeal to this Court. On facts, the petitioner has clearly been wronged. To accept the contention of the respondents shall be giving them an advantage and benefit of their own lapses while denying the benefit of such promotion to the petitioners. The writ application is therefore allowed. In view of the fact that the Bihar - 3 - Public Service Commission has already recommended his case for retrospective promotion, this Court directs that necessary order for retrospective promotion of the petitioners be passed from the date that their juniors came to be promoted within a maximum period of four months from the date of receipt/production of a copy of this order. Since the petitioners have not worked on the promotional post, this Court finds it difficult to grant them the arrears of salary, but does consider it proper to direct that the petitioners shall be entitled to the statutory allowance under Section-103 of the Bihar Service Code for the period of officiation on the promotional post. Let pensionery and other retiral benefits of the petitioners be also re-fixed and paid accordingly within the time indicated above. KC ( Navin Sinha, J )