IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6738 of 2007 Dr.Shambhu Nath Singh, son of late Garaj Narayan Singh, resident of village Rasalpura, P.S. Mufassil Sadar, Chapra, District Saran (Chapra), presently posted as Professor in the Department of Pharmacology, Darbhanga Medical College and Hospital, Laheriasarai, Darbhanga … Petitioner Versus 1. The State Of Bihar through Chief Secretary, Govt. of Bihar, Patna 2. Secretary, Department of Medical Education, Govt. of Bihar, Patna 3. Additional Secretary, Department of Medical Education, Govt. of Bihar, Patna 4. Deputy Secretary, Department of Medical Education, Govt. of Bihar, Patna 5. Accountant General, Bihar, Birchandra Patel Path, Patna … Respondents ---------------------------------- 2. 16.9.2011 Heard counsel for the parties. The prayer of the petitioner in this writ application reads as follows: “ That present writ application is being filed on behalf of the petitioner for issuance of a writ in the nature of mandamus or any other appropriate writ commanding and directing the respondents particularly respondent nos. 2 and 5 to issue pay slip and make payment in terms of Notification bearing Memo No. 820(17) dated 3.9.2005 whereby and whereunder petitioner was allowed regular promotion on the post of Associate Professor in the department of Pharmacology with effect from 3.9.1987, however, till date monetary benefits for the said promotion with effect from 3.9.1987 has not been provided to the petitioner whereas similarly situated person junior to the petitioner namely Dr. Girindra Prasad Singh has been allowed monetary benefits by virtue of his promotion as Associate Professor, Pharmacology with retrospective effect i.e. 3.9.1987 as such action of the respondents in the instant matter is highly illegal, arbitary, 2 discriminatory and interference of this Hon’ble Court in the instant matter is quite obvious. Further prayer of the writ petitioner is to direct the respondents to sanction and grant monetary benefits for the post of Associate Professor with effect from 3.9.1987 as with effect from said date petitioner has been allowed regular promotion as Associate Professor, Pharmacology alongwith 18% penal interest over the arrear due amount.” Mr. Satish Chandra Jha, learned counsel for the petitioner, in support of the aforementioned prayer would submit that once promotion of the petitioner on the post of Associate Professor was notified on 3.9.2005 with retrospective effect of 3.9.1987 there would be no plausible reason for denying the petitioner the benefit of salary and emoluments of such post from the date of his promotion. He has also submitted that in fact a person junior to the petitioner, namely, Dr. Girindra Prasad Singh was given promotion with effect from 3.9.1987 with full financial benefit and as such, there could be no justifiable reason for the petitioner to be denied at least the same benefit. In this case a counter affidavit has been filed but that is more or less by way of a mere formality. In the counter affidavit the claim of the petitioner has not been denied nor the fact with regard to a junior to the petitioner, namely, Dr. Girindra Prasad Singh having been given such a benefit has been in any manner explained. All that has been said in the a four paragraph counter affidavit is that the Health Department has referred the matter to the Finance Department seeking approval as with regard to payment of financial benefit to the petitioner with retrospective 3 effect. One fails to understand as to how the Health Department and the Finance Department can keep the matter pending so long, inasmuch as the promotion of the petitioner was notified in 2005. The approval from Finance Department is being allegedly sought by the Health Department since 2005 itself but till date no final decision has been taken. A question would therefore arise as to what would be the final decision in such cases? The promotion of the doctors and for that purpose almost all of the Government servants barring officers of Indian Administration Service is never considered at an appropriate time when it becomes due. The cases are allowed to pile up and once hundreds of promotions are given from the due date i.e. retrospective date, the issue of compliance of Rule 103 of the Bihar Financial Rules arises wherein it is the Finance Department alone which has been empowered to take a decision for payment of salary and emoluments on account of such retrospective promotion. An exceptional case no doubt can definitely await for grant of approval of retrospective promotion, such as where the person is facing disciplinary proceeding or in some other allied similar situation but of late when giving promotion to the employees and Officers of the State Government in bulk years after their becoming due has become a settled practice, probably the time has come when the Government will have to evolve some sort of new mechanism of streamlining of approval of such retrospective promotion. In fact a modality now may have to be developed wherein in the meeting of the 4 Departmental Promotion Committee itself when due date of promotion is decided the so called required approval of the Finance Department is also obtained then and thereby soliciting the presence of a representative of Finance Department so that the effective date of extending financial benefit is also resolved simultaneously. Learned counsel for the petitioner seems to be also correct that the Health Department is itself maintaining a dual standard, inasmuch as even when Dr. Girindra Prasad Singh was given retrospective promotion, his financial benefit was notified in the order of promotion itself without referring the matter to finance department but in the case of the petitioner and others the same practice was not follows. It is infact a matter of grave concern and should therefore be addressed to by the Chief Secretary of the Government of Bihar who may after obtaining the order of the State Government issue an appropriate circular to streamline the whole thing, inasmuch as such cases are increasing in alarming proportion before this Court for no rhyme and reason. Considering all these aspects this Court would direct the Principal Secretary, Health, to take his immediate decision for payment of monetary benefit on account of retrospective promotion given to the petitioner in the light of the facts and circumstances of the case of the petitioner and the precedent of Dr. Girindra Prasad Singh and also communicate his decision to the petitioner within a period of three months from the date of receipt/ 5 production of a copy of this order. It goes without saying that the financial benefit on account of such decision, if any also must be extended to the petitioner in next one month of the order passed by the Principal Secretary, Health. With the aforementioned observation and direction, this application is disposed of. Let a copy of this order be sent to the Chief Secretary, Government of Bihar, Patna for doing the needful in the light of observations made above and submit his action taken report to the registry of this Court within the same period of three months. (Mihir Kumar Jha,J.) Surendra/