IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.75 of 2002 DR.RAJENDRA PRASAD, SON OF LATE DR. YAMUNA PRASAD, RESIDENT OF PIPARPATI ROAD, BUXAR, P.S. & DISTRICT BUXAR, AT PRESENT POSTED AS DISTRICT REPRODUCTIVE CHILD HEALTH OFFICER, MUNGER ……PETITIONER Versus 1. THE STATE OF BIHAR 2. COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH AND FAMILY PLANNING, GOVERNMENT OF BIHAR, PATNA 3. JOINT SECRETARY, HEALTH AND FAMILY PLANNING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA……………………………………… RESPODNENTS ----------- 3. 29.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Initially, this writ application was filed by the petitioner for his posting on a post of senior selection grade in view of his promotion to senior selection grade vide Annexure-1 with effect from 1.4.1990. During the pendency of the writ application, the petitioner has superannuated. Therefore, so far as prayer for his posing is concerned, that has become infructuous. Learned counsel or the petitioner submits that the petitioner has not been given the pecuniary benefits of his promotion in the senior selection grade. However, he is not in a position - 2 - to give details of the same. In the circumstances, petitioner is given liberty to file a representation before the respondent Commissioner-cum-Secretary, Department of Health and Family Planning, Government of Bihar, Patna for grant of pecuniary benefits of his promotion in the senior selection grade. In case such a representation is filed by the petitioner, the respondent Commissioner–cum- Secretary shall get it verified from the records concerning the petitioner as to whether promotion of the petitioner in the senior selection grade given through the notification as contained in Annexure-1 had remained operative till his superannuation and if that be so, he shall pass necessary orders for grant of consequential pecuniary benefits to the petitioner including the revision of his pay-scale etc. and payment of arrears. In case pay-scale of the petitioner stands revised on this count, the pensionary benefits of the petitioners shall also stand revised and arrears of the petitioner shall also stand revised. The arrears of salary as well as arrears of pensionary benefits of the petitioner which may become due as a consequence of revision - 3 - of the pay-scale shall be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order before respondent Commissioner-cum-Secretary. However, in case the Commissioner finds that the petitioner is not entitled for the pecuniary benefits, he shall pass a self-contained speaking order giving reference of the Government circulars/orders for denying the claim of the petitioner and communicate the same to the petitioner. With the aforesaid observations and directions, this writ application is disposed of. B.T (J.N. Singh, J.)