IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18491 of 2009 1. ARUN KUMAR SINHA S/O LATE JAI GOVIND PRASAD R/O AT HOUSE NO.- 462/A, ASHOK NAGAR, P.S-ARGORA, DISTT- RANCHI Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA 3. PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA 4. JOINT SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA 5. ACCOUNTANT GENERAL, BIHAR AND JHARKHAND, BIRCHAND PATEL PATH, PATNA-1 ----------- 4. 12.8.2010 Heard learned counsel for the petitioner and the State. Counsel for the petitioner submits that he was granted ad hoc promotion on the post of Chief Engineer with effect from 28.11.1990 confirmed on 10.2.2005 with effect from the former date. The respondents have declined to pay him full arrears of salary in between 28.11.1990 till his superannuation on 31.1.1993. Counsel for the State submits that the petitioner was a Superintending Engineer discharging additional duties of the rank of Chief Engineer. He has been given notional promotion to the post of Chief Engineer after superannuation. If the petitioner had been found eligible for promotion to the post of Chief Engineer and discharged duties of that post from 28.11.1990 to 31.1.1993, he is entitled to the salary of the higher post after adjustment 2 of salary in view of the law laid down in A.I.R. 1999 S.C. 838 (Selva Raj Vs. Lt. Governor of Island, Port Blair & Ors.) It is apparent that it was the State which faulted in timely consideration of his claim for promotion. The lapses of the concerned officials cannot be fastened in liability upon the petitioner. Let the respondents now fix his last pay on the category of Chief Engineer inclusive of increments and then re-ascertain the retrial dues and pay any arrears within two months from the date of receipt and/or production of a copy of this order. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)