IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10404 of 2011 Md.Masiha SON OF LATE SAIYED MD. USMAN RESIDERNT OF SAHINABAJPUR, P.O. TRAIYA DISTRICT SARAN PRESENTLY RESIDING AT QR. NO. F/2, RAILWAY COLONY (KOSHI SHIVIR) BHIMNAGAR, P.O. BHIMNAGAR (BAIJRAJ) DISTRICT SUPAUL, Versus 1. The State Of Bihar 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCE, BIHAR, PATNA. 3. THE CHIEF ENGINEER, DEPARTMENT OF WATER RESOURCES, BIRPUR, SUPAUL. 4. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, BIRPUR, SUPAUL. 5. THE ACCOUNTANT GENERAL (A & E), BIHAR, PATNA. ---------------------------------- For the Petitioner :- Mr. Mithilesh Kumar. For the State :- Kumari Amrita, G. P. X For Respondent no. 5:- Mr. Binod Kumar Labh. ------- 2 12/09/2011 Petitioner superannuated from the post of Fitter Grade II on 30.11.2008. He has filed the present writ application for a direction upon the respondents to give him benefit of second time bound promotion with effect from 16.12.1993 in light of such a provision in existence as per the policy decision of the State government. Policy of grant of time bound promotion came to an end in the year 1996. In the normal course of things, the Court may not have been inclined to entertain such a - 2 - stale or belated claim, more so when the petitioner continued to be in service and has recently superannuated, but for the fact that in the year 2010 the respondents authorities have extended certain benefits by virtue of a decision and notification issued by the concerned respondents of Water Resources Development Department, specially stationed at Birpur in the district of Supaul, this writ application is being entertained. Learned counsel for the petitioner brings to my notice letter no. 39 dated 16.03.2011 contained in annexure-3 as well as the notification by which this benefit has been extended to some other similarly situated employees. Since such benefit is still being extended to the employees of the Water Resources Development Department, then there cannot be a case of discrimination. Petitioner shall move the Chief Engineer, Department of Water Resources, Birpur at Supaul praying for grant of that benefit along with supporting material and notifications where other persons have been extended this benefit in the year 2010 and 2011. Taking - 3 - into consideration the claim of the petitioner and his service record, the respondents would be obliged to decide the matter within three months from the date of filing of such a claim with a copy of this order. This writ application is disposed of with the direction aforesaid and a decision on this count within the time frame is expected. AMIN/ (Ajay Kumar Tripathi, J.)