IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1170 of 2001 RAM NANDAN PRASAD & ORS Versus THE STATE OF BIHAR & ORS ----------- 4. 04.08.2008 I.A. No. 1152 of 2001 has been filed for impleading the persons mentioned therein as Intervenor-petitioners on the plea that they are seeking similar relief as that of the petitioner. Learned counsel for the State does not oppose the same. I.A. No. 1152 of 2001 is allowed. The petitioners are stated to be the members of the Subordinate Engineers Association, Bihar, Patna. The association came to this Court earlier in CWJC No. 3113 of 1997 seeking relief for grant of retrospective promotion with monetary benefits. The writ application was disposed on 10.4.1997 holding that the petitioners were entitled to monetary benefits of retrospective promotion when interest upon the same was also granted. It appears that subsequently an issue arose with regard to grant of increments to the members of the association as to whether they had cleared the departmental examination within three years from the date of promotion as distinct from their date of eligibility. This writ application came to be numbered as CWJC no. 9907 of 1998 and was disposed with directions to examine the claim of the petitioners in pursuance of certain departmental orders. Counsel for the petitioners submits that no formal orders have been passed upon the same till date. The counter affidavit on behalf of the Respondents also does not reflect any such fresh - 2 - application of mind in terms of the order in the latter writ application. The writ application is, therefore, disposed off with directions to the Respondents to examine the claim of the petitioners with interest in terms of the order of this Court in CWJC No. 3113 of 1997 and unless there be circumstances justifying the differentiation of the case of the petitioners from the order dated 10.4.1997 in CWJC No. 3113 of 1997, which the Respondents shall be obliged to record, let the similar treatment be accorded to the petitioners also. While making such consideration, the Respondents shall also be obliged to adequately consider the order dated 5.8.1999 in CWJC No. 9907 of 1998 with regard to the issue of grant of increments for the period of three years of passing the departmental examination from the date of issuance of notification for promotion as distinct from the date from which the promotion had been granted. AKS/ (Navin Sinha, J.)