IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.84 of 2001 ARUN KUMAR DAS Versus THE STATE OF BIHAR & ORS ----------- For Petitioner: Mr Chandrashekhar, Sr. Advocate with M/s Pankaj Kumar Sinha & Rajesh Ranjan For State: Mr. Rajesh Kumar Singh, JC to AAG 2 ------ 3. 02.05.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The petitioner has been granted promotion by an order dated 17.8.1998 after his superannuation on the post of Under Secretary. He is, however, aggrieved by that part of the order which states that he shall be given notional promotion only in view of his superannuation prior to the order having been issued, but that the notional promotion shall adequately be taken into consideration for revision of his pensionary benefits. Learned Counsel for the petitioner relies upon a Bench decision of this Court in 2003 (2) PLJR 44 (Md. Hafiz Vs. State of Bihar) in support of his claim that in pursuance of the order of retrospective promotion he shall be entitled to the consequential monetary benefits also. This aspect of the matter need not engage attention of this Court any further for the reason that while the petitioner stands at serial 34 of the order dated 17.8.1998 in the aforesaid judgment this benefit has been granted to the person at serial 19 of the same list. In that view of the matter there is no question for this Court to consider the further objection of the respondents with regard to the ineligibility of the petitioner for actual monetary benefits from the date of promotion by virtue of Rule 58 of the Bihar Service Code and Rule 17 of the Assistant Joint Cadre Rules 1992, which have been adequately considered in the aforesaid case and negated on consideration of conspectus of law laid down by this Court and the Supreme Court in that regard. The writ application stands allowed. The respondents are directed to pay the consequential monetary benefits on account of the promotion to the petitioner within a maximum period of three months from the date of receipt and/or production of a copy of this order. If payment is not made within the time stipulated the petitioner shall be at liberty to raise his claim for interest upon the same before the appropriate authority. Snkumar/- (Navin Sinha,J.)