IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3435 of 2007 JAINANDAN SINHA, SON OF LATE SHIVDANI SINHA, RESIDENT OF VILLAGE INDARPUR P.S. AND P.O. MAKHDUMPUR IN THE DISTRICT OF JEHANABAD. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE JOINT SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA For the petitioner : M/s Dinu Kumar, Shiv Kr. Prabhakar. For the State : Mr. S.K. Saraf, AC to SC-16. ---------------------------------- 04. 23.09.2011 Counsel for the State, petitioner filed counter, rejoinder affidavit respectively, both are taken on record. 2. Heard learned counsel for the petitioner and the State. 3. Petitioner superannuated while serving as Executive Engineer current charge with effect from 14.11.1996 in the light of the notification of the Government bearing Memo No.1610 dated 14.11.1996, Annexure-2 with effect from 31.01.2003. Petitioner has filed this writ petition on 19.3.2007 for a direction to the State respondents to consider his case for promotion on the post of Executive Engineer with effect from the date he held current charge on the ground of continuous officiation until the date of his superannuation. 4. By filing counter affidavit the State respondents have placed on record the notification of the 2 State Government bearing Memo No.1645 dated 5.10.2006, Annexure-E whereunder petitioner has been promoted on the post of Executive Engineer with effect from 1.4.1999. 5. Let the authorities of the Water Resource Department pay the petitioner arrears of difference of salary of the promoted post of Executive Engineer for the period between 1.4.1999-31.01.2003 the date of his superannuation and consider his request for payment of arrears of salary also for the period between 14.11.1996- 31.03.1999 during which time petitioner served as Executive Engineer on current charge basis. Necessary compliance of this order be made by the authorities of the State Government as early as possible, in any case within a reasonable time not exceeding three months from the date of receipt/production of a copy of this order before the Secretary of the Department. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)