IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4770 of 2007 SHOHAM PRASAD SHRIVASTAWA, SON OF LATE BIPIN BIHARI PRASAD, RESDIENT OF MOHALLA DAHIYANWA TOLA, P.O. TANRI VIA CHAPRA(HEAD P.O.), P.S. CHAPRA TOWN, DISTRICT CHAPRA, AT PRESENT WORKING AS CIRCLE INSPECTOR, EKMA, CHAPRA. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, BIHAR, PATNA. 3. THE UNDER SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, BIHAR, PATNA. 4. THE COMMISSIONER, SARAN DIVISION, CHAPRA. 5. THE COLLECTOR, CHAPRA. 6. THE ADDITIONAL COLLECTOR, ESTABLISHMENT, CHAPRA. --------------------- 02. 15.10.2011 Heard learned counsel for the petitioner and the State. 2. At the time of filing of the writ petition petitioner was serving as Circle Inspector cum Kanungo. He has filed this writ petition praying inter alia to direct the State respondents to consider his case for grant of promotion on the post of Assistant Settlement Officer as some Circle Inspector cum Kanungo junior to him have been so promoted under notification of the Government bearing Memo No.1135 dated 9.10.2000, Annexure-1 to the writ petition. 3. It is submitted on behalf of the petitioner 2 2 that at the time when his juniors were promoted as Assistant Settlement Officer under notification dated 9.10.2010, his case for grant of promotion was not considered as confidential reports were not received from his controlling officer, which was received just before filing of the writ petition in the year 2006. 4. This writ petition was filed on 12.04.2007 after serving two copies thereof on the office of the Advocate General and has remained pending for more than four years. Till date, however, no counter affidavit has been filed. In the circumstances, I have no option but to direct the State respondents to consider the case of the petitioner for grant of promotion on the post of Assistant Settlement Officer in accordance with law in the light of the fact that his junior colleagues have already been so promoted under notification dated 9.10.2010 Annexure-1 within two months from the date of receipt of a copy of this order. It is made clear that if petitioner is allowed promotion as Assistant Settlement Officer, the same should be granted with effect from the due date i.e. the date from which his 3 3 juniors have been so promoted. It goes without saying that once petitioner is allowed the promotion on the post of Assistant Settlement Officer, he should also be paid arrears of difference of salary of the Circle Inspector and Assistant Settlement Officer as early as possible, in any case within two months from the date of promotion. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)