IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3232 of 2010 1. MAHESHWAR RAUT S/O MATHURA RAUT R/O DALDALI BAJAR, P.S.- REVELGANJ, DISTT.- SARAN Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, ANIMAL HUSBANDARY DEPTT., GOVT. OF BIHAR, PATNA 3. THE REGIONAL DIRECTOR, ANIMAL HUSBANDARY, SARAN DIVISION, SARAN, CHAPRA 4. THE DISTRICT ANIMAL HUSBANDARY OFFICER, SARAN, CHAPRA 5. THE KRITRIM PRAJANAN PADADHIKARI, GAHAN GOVIKASH PRAKHAND, CHAPRA ----------- 02. 07.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was granted promotion as a Live Stock Supervisor on 19.8.2002, his name figuring at serial no.54 of the order. It is submitted that his pay- scale in that rank still remains to be fixed as evident from Letter No. 145 dated 13.5.2005 of the Assistant Director, Animal Husbandry, Regional Office at Chapra. The petitioner is suffering monetarily for that reason. The second submission is that he was granted promotion belatedly leading to denial of opportunity to be considered for the post of Live Stock Supervisor and Assistant Technical Officer the next promotional posts. Learned counsel for the State raises the objection that the petitioner has approached this Court after nearly 2 seven years of his superannuation on 31.8.2003. Learned counsel for the petitioner from the supplementary affidavit points out that persons similarly situated junior to the petitioner have been granted such notional promotion after their superannuation as late as 28.4.2008. Those junior to the petitioner must have superannuated after him. The supplementary affidavit does not contain full facts of the time period within which matters were raised by his juniors, whether promotions were granted suo motu by the Department without any representation by his juniors. All these are relevant facts to be considered while examining the claims of the petitioner for such promotion to the post of Live Stock Inspector and Technical Inspector, in view of his claim that his juniors have been considered and promoted. If what the petitioner contends be correct, he is entitled to the fixation of his pay-scale as a Live Stock Supervisor with all consequential benefits in service and post retiral benefits including revision of his pay-scale. He is also entitled to be considered for promotion on the latter two posts in accordance with law and the discussion contained above. Let the respondent comply the orders on both aspects by a reasoned and speaking order within a 3 maximum period of three months from the date of receipt/production of a copy of this order. The application stands disposed. P.K. (Navin Sinha, J.)