IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.99 of 2001 MAHMOOD ALAM Versus THE STATE OF BIHAR & ORS ----------- 3/ 8/5/2008. Heard learned counsel for the petitioner, learned counsel for the State as also learned counsel for the B.P.S.C. The claim in this writ petition is for promotion to the post of Assistant Engineer in the Road Construction Department with effect from 1.4.1995. The petitioner has superannuated on 31.1.1999. His juniors have been considered and promoted on 3.12.1999. He has been denied such consideration for the reason that he is stated to have already superannuated. Reliance is placed upon an order of this Court dated 17.5.2005 passed in CWJC No.3799/2000 where in similar circumstances this Court held that the right to be considered for promotion necessarily entail a right to be considered in time. This Court also directed grant of all consequential benefits from the date of such notional promotion. Learned counsel for the State and for the B.P.S.C.are not in controversy on the issue that the writ petition can be disposed off in similar terms. Learned counsel for the B.P.S.C. does not dispute the correctness of the submission made on behalf of the petitioner that the name of the petitioner had also been recommended for promotion by the B.P.S.C. on 1.5.1999 by file No.6/PRO-27-02/99(232) This Court, therefore, in the facts and circumstances of the case, considers it appropriate to dispose off this writ application with a - 2 - direction to the respondents to consider the claim of the petitioner for promotion to the post of Assistant Engineer with effect from 1.4.1995, the date on which the petitioner claims to be eligible for such promotion. The fact that the petitioner may have superannuated would require the respondents to grant him notional promotion. Should the respondents find justification in the plea of the petitioner for eligibility to such promotion from 1.4.1995 and notional promotion to that effect be granted to him the respondents shall be liable to give full effect to the same by giving all consequential benefits. Should the respondents propose to deny such benefit of promotion to the petitioner on consideration of his case with effect from 1.4.1995 they shall be required to pass a reasoned and speaking order. Let such consideration be done by the respondents within a period of 6 months from the date of receipt/production of a copy of this order. The writ application stands disposed off with the aforesaid directions. KC ( Navin Sinha,J )