IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.179 of 2007 ==================================================== UMA KANT SHARAN, S/O- LATE RAM PRIYA SHARAN, RESIDENT OF ROHTAGI BHAWAN, FLAT NO. 3, KANNU LAL ROAD, MITHAPUR, PATNA :----PETITIONER. Versus 1. THE STATE OF BIHAR, PATNA. 2. THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 3. THE SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, BIHAR, PATNA. 4. THE COMMISSIONER AND SECRETARY, FINANCE DEPARTMENT, BIHAR, PATNA. 5. THE DEPUTY SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, BIHAR, PATNA. :--RESPONDENTS. ==================================================== Appearance : For the Petitioner: M/S. SHAMBHU SHARAN SINGH & K.N.JAMUAR, ADVOCATES. For the Respondents : MR. AWADHESH KUMAR, A.C. TO S.C. 17. ==================================================== 02. 08.07.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving on the post of Deputy Secretary in the Minority Welfare Department of the State Government with effect from 31.07.2000. He has filed this writ application praying, inter alia, to direct the respondent-authorities to pay him arrears of difference of salary of the promoted post of Deputy Secretary with effect from 01.06.1997 till the date of assumption of charge of the post of Deputy Secretary in the Minority Welfare Department pursuant to notification bearing no. 700 dated 25th August, 1999, Annexure-8 as thereunder petitioner was promoted on the post of Deputy Secretary with effect from 01.06.1997 2 but has been paid the salary of the promoted post of Deputy Secretary from the date of assumption of the charge of the said post in the Minority Welfare Department of the State Government in compliance of the aforesaid notification dated 25th August, 1999. In this connection it is submitted that due date of promotion of the petitioner on the post of Deputy Secretary is 01.06.1997 and in appreciation of the fact that petitioner was not responsible for not being considered for such promotion with effect from the due date i.e. 01.06.1997 the authorities while granting him such promotion under Notification No. 700 dated 25.08.1999, Annexure-8 promoted him on the said post with effect from 01.06.1997. As the petitioner was not promoted on the post of Deputy Secretary on 01.06.1997 and has been retrospectively promoted on the said post under notification dated 25.08.1999 with effect from 01.06.1997 authorities are required to pay him arrears of difference of salary of the promoted post for the period between 01.06.1997 till the date of assumption of charge of the promoted post of Deputy Secretary in the Minority Welfare Department for the reason that petitioner was not at all responsible for the failure of the authorities not to consider and grant him promotion with effect from 01.06.1997 prior to that date. Aforesaid contention was raised by the petitioner before the authorities of the department in the light of the law laid down by this High 3 Court in the different orders contained in Annexures 5,6 and 7 herein under representation dated 05.07.2004 but the same was rejected under order contained in Letter No. 72 dated 3rd February, 2005, Annexure-12 against which petitioner again moved the Chief Secretary highlighting the same submission but once again the prayer was rejected under Letter No. 2419 dated 28.08.2006, Annexure-15. After rejection of the representation of the petitioner for payment of arrears of difference of salary of the promoted post of Deputy Secretary for the period between 01.06.1997 till the date of assumption of charge of the post of Deputy Secretary on 28.08. 1999 petitioner moved this Court by filing the present writ petition and submitted that as petitioner has been promoted on the post of Deputy Secretary with effect from 01.06.1997 under notification dated 25th August, 1999 without there being any fault on his part he should be paid arrears of difference of salary of the said post for the period between 01.06.1997 till 27.08.1999. 3. Counsel for the State has opposed the submission. He states that petitioner was promoted on the post of Deputy Secretary under notification dated 25th August, 1999 with effect from 1.6.1997 but as he has taken charge of the promoted post of Deputy Secretary with effect from 28.8.1999 he has to be paid the salary of the promoted post of Deputy Secretary with 4 effect from the date of assumption of charge of the promoted post in the light of the provisions contained in Rule 58 of the Bihar Service Code. 4. Aforesaid submission has been noticed for being rejected. Petitioner was promoted on the post of Deputy Secretary under notification dated 25th August, 1999 with effect from 01.06.1997 without there being any fault on his part for not being granted promotion during the interregnum between 1.6.1997 and 25.8.1999. For the inaction on the part of the State not to consider the case of the petitioner for promotion on or before the due date of promotion, petitioner cannot be held responsible. In the circumstances, falling in line with earlier orders of the High Court annexed with the petition vide Annexures 5-7, I direct the State respondents to make payment of the difference of arrears of salary of the promoted post to the petitioner for the period between 01.06.1997 till 27.08.1999, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. 5. In view of my direction aforesaid, I proceed to quash the order dated 3rd February, 2005, Annexure-12 and 28.08.2006, Annexure-15. 6. The writ petition is, accordingly, allowed. P.K.P. (V.N.Sinha,J.)