IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11523 of 2005 AJAY KUMAR SINHA Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Rameshwar Pandey For the respondent Corporation: Mr. Rajeev Ranjan Prasad For the State: Mr. Ajay Kumar Sharma, JC to AAG III -------- 04. 23.07.2008 Petitioner’s grievance is that despite the respondent Corporation having taken a decision to promote the petitioner on the post of assistant on 14th of August, 2000 nothing further came to be done. The petitioner has been made to work on the post for a very long time and his ability and eligibility in that respect is not an issue for grant of such benefit. It is a case of sheer inaction which is causing not only serious prejudice to the petitioner but also discrimination in this regard. Petitioner has also prayed that in case no substantive promotion is to be granted to him for any reasonable and cogent reason then he should be atleast granted 20 per cent allowance in addition to his pay for shouldering the higher responsibility. In the counter affidavit filed on behalf of the respondents the primary contention on their behalf is that the Corporation is virtually a dead Corporation with hardly any activity or performance by them. Their effort to get the Corporation winded up did not succeed for a technical reason and they are existing on paper only. This could be a ground reality but then if the legal entity exists and their employees are still on the rolls of the Corporation, a right flows in their favour. Merely because they are unable to meet the - 2 - obligations will not come in the way of such right. Prima facie this Court is of the opinion that the matter does require some serious looking by the Managing Director, respondent no.4. The writ application stands disposed of with a direction upon respondent No.4 to consider the case of promotion of the petitioner on a substantive post as per decision or if the work is being taken from him and he is shouldering additional responsibility for a long period of time the benefit of 20 per cent allowance in addition to his salary ought to be paid. A decision in this regard within a period of three months of the production / communication of the order should be made. rkp (Ajay Kumar Tripathi, J)