IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4811 of 2010 M.M.SHARFUDDIN S/O LATE M.Z. ABDIN R/O MOHALLA INDRAPURI COLONY A/78 PATNA-14, P.S - SHASTRI NAGAR, DISTRICT – PATNA ……….. PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE AGRICULTURE PRODUCTION COMMISSIONER HAVING HIS OFFICE AT VIKASH BHAWAN SECRETARIAT , P.S - SACHIVALAYA, DISTRICT - PATNA 2. THE DIRECTOR OF AGRICULTURE, GOVT. OF BIHAR HAVING HIS OFFICE AT VIKASH BHAWAN NEW SECRETARIAT, P.S - SACHIVALAYA, DISTRICT- PATNA 3. THE SECRETARY CUM COMMISSIONER, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, HAVING HIS OFFICE AT OLD SECRETARIAT, P.S - SACHIVALAYA, DISTRICT - PATNA 4. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY 15 BAILY ROAD, PATNA 5. THE ACCOUNTANT GENERAL (ACCOUNTS AND ENTITLEMENT) II BIHAR HAVING HIS OFFICE IN BIRCHAND PATEL PATH, P.S - KOTWALI , DISTRICT –PATNA …………. RESPONDENTS ----------- FOR THE PETITIONER : M/S M.DAYAL AND VIKASH MOHAN, ADVOCATES FOR THE STATE : MR.HARI SHANKAR ROY, A.C. TO A.G.-2 FOR ACCOUNTANT GENERAL : MR.MANI KANT MISHRA,ADV. FOR THE B.P.S.C. : MR.RANJIT SINHA, ADV. ----------- 3. 02/12/2010 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the Accountant General as also learned counsel for the B.P.S.C. Initially, petitioner had filed this writ application for a direction to the respondents to consider his case for promotion in Super Time Scale of pay with effect from 27.12.1989 with all consequential benefits and for consequential - 2 - revision of pay scale and post retrial benefits and pay arrears of salary and other retrial benefits accrued to him as a result of such promotion. By filing supplementary affidavit, petitioner has brought on record a notification of the Agriculture Department contained in Memo No.4968 dated 17.8.2010, by which petitioner has been allowed promotion to Super Time Scale of pay with effect from 1.11.1990 along with others. However, this notification shows that promotion has been granted to the petitioner and others notionally. Learned counsel for the petitioner submits that this promotion was due to the petitioner in normal course which has now been allowed to him from the date it was due to him. Therefore, respondents cannot deny the pecuniary benefits of such promotion. In support of his submission, he has relied upon a Division Bench Judgment of this Court in the case of Dr.Paras Nath Prasad Vs. State of Bihar [1990(2) PLJR 248] and a learned Single Judge Judgment in the case of Shiv Narain Lal Vs. State of Bihar [1999(1) - 3 - PLJR 243] Counter affidavits filed by the respondents do not justify grant of promotion to the petitioner notionally. In the counter affidavit, it is stated that the concurrence of the Finance Department has been sought for and action shall be taken after receiving the concurrence. However, there is no statement in the counter affidavit or supplementary counter affidavit as to why this promotion has been granted to the petitioner notionally. This Court finds that the judgments of this Court are squarely in support of submission of learned counsel for the petitioner. In the circumstances, this Court directs that the petitioner shall be entitled to all monetary benefits of the promotion granted to him in Super Time Scale of pay by the said Memo dated 17.8.2010 and other consequential benefits shall also be revised and all arrears shall be paid to him preferably within a period of three months from the date of receipt/production of a copy of this order. - 4 - The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)