IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10151 of 2005 SHAMBHU NATH TIWARY, son of late Mohan Tiwary, resident of at and P.O. Khanpur, via Ekma, P.S. Manjhi, District Saran (Chhapra) … Petitioner Versus 1. THE STATE OF BIHAR 2. Divisional Commissioner, Saran 3. District Collector, Siwan … Respondents. ----------- 2. 5.1.2010 Heard counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “This petition is being filed for issuance of writ of appropriate nature, order or direction commanding the respondent authorities to grant the petitioner notional promotion to the post and rank of Head Clerk and to the post and rank of Office Superintendent to which he was entitled with effect from 1.8.1998 and 1.11.2002 (the dates from which his juniors have been promoted in unjustified manner) and pay the differential of salary for the period with statutory and penal interest, cost and compensation, and fix the consequential retirement benefits accordingly.” Counsel for the petitioner at the out set would submit that the petitioner 2 with regard to the grievances raised in this writ application had approached the Divisional Commissioner, Saran Division, Chapra and thereafter the Divisional Commissioner had also called for certain comments and report from the office of the Collector of Siwan District vide his communication contained in letter No. 2113 dated 20.10.2003 but thereafter nothing was done till the date of retirement of the petitioner in the year 2004 and consequently the petitioner after his retirement has filed this writ application on 17.8.2005. Counsel for the petitioner would submit that there was a justifiable reason for delay in raising the grievance of the petitioner pertaining to 1998 and 2002, inasmuch as on account of certain punishment inflicted against him his name was scored over from the gradation list and consequently the very plea of his junior being promoted was made to disappear. In the opinion of this Court since the cadre controlling authority is the Collector of the District and his decision was assailed by the petitioner during his 3 service tenure as is apparent from Annexure 9, and the appeal filed by the petitioner is claimed to be still pending before the Commissioner of Saran Division this Court would direct the Commissioner of Saran Division to take his final decision within a period of six months from the date of receipt/ production of a copy of this order. Let it, however, be made clear that this Court has not gone into the merits of the claim of the petitioner which has to be definitely looked and decided by the Commissioner of the Division strictly in accordance with law. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha,J.) Surendra/