IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2351 of 2007 Ram Bali Prasad son of late Bhagwat Prasad R/o Mohalla Chirayantand, Postal Park, Road No.1, Jawahar Colony P.S. Kankarbagh, Patna ……Petitioner. Versus 1. The State Of Bihar through the Chief Secretary Government of Bihar, Patna. 2. The Commissioner –cum- Secretary, Road Construction Department, Government of Bihar, Officer at Vishwasraiya Bhawan, Baily Road, Patna. 3. The Cngineer in Chief cum Special Secretary, Road Construction Department Government of Bihar, Office at Vishwsraiya Bhawan Baily road, Patna. 4. The Superintending Engineer Advance Planning Circle Road Construction Department, office at Vishwasraiya Bhawan Campus Baily Road, Patna. 5. The Superintending Engineer National High Way, Mechanical Circle, Office at Vishwasraiya Bhawan, Baily Road, Patna. 6. The Executive Engineer Road Design and Planning Design No.1 Advance Planing Rajbanshi Nagar, Patna. 7. The Accountant General Bihar, patna, Beer Chand Patel Marg, Patna. 8. The Assistant Director, G.PF. Pant Bhawan Baily Road, Patna. ……………..Respondents. ---------------------------------- 2 23.08.2011 Heard learned counsel for the petitioner, State and the counsel for the Accountant General. Petitioner while officiating on the post of Head Assistant in the scale of Rs. 5500-9000/- with effect from 31.12.2001 has filed this writ petition praying inter-alia to direct the State respondents to grant him promotion on the said post with effect from the date of his officiation i.e. from 12.7.1991. It is submitted on his behalf that case of the petitioner for promotion on the post of Head Assistant with effect from 12.7.1991 could not be considered as the seniority list of the assistants was not finalized by the department. In this connection he had referred to the earlier order of the High Court dated 2 5.11.2004(annexure-4) passed in C. W. J.C. No. 1012 of 1998 which was filed by the petitioner himself praying inter-alia to direct the State respondents to consider his case for promotion on the post of Head Assistant with effect from 12.7.1991. This Court under order dated 5.11.2004 granted three months time to the authorities to finalise the seniority list of the assistants and thereafter to consider the case of the petitioner and other eligible persons for promotion on the post of Head Assistant. It appears in compliance of the aforesaid order of the High Court office order No. 255 dated 27.10.2004 has been passed granting the petitioner notional promotion on the post of Head Assistant with effect from 14.11.2000 until the date of his superannuation i.e. 31.7.2001. This writ petition has been filed assailing the said order on the ground that having finalized the gradation list petitioner should have been granted notional promotion on the post of Head Assistant with effect from the date of his officiation on the said post i.e. 12.7.1991. In this connection counsel for the petitioner has also submitted that other junior colleagues of the petitioner have been allowed the benefit of promotion and salary of the post of Head Assistant with effect from 31.8.1982 and 6.4.1998. In this connection petitioner has made clear statement in paragraph 7 of the writ petition giving names of the junior colleagues who have been granted benefit of promotion and scale admissible to the Head Assistant with effect from earlier dates. The State respondents have filed counter affidavit without disputing the averment that four of the junior colleagues 3 whose names have been given in paragraph 7 of the writ petition have been allowed promotion on the post of Head Assistant with effect from earlier dates. From the counter affidavit it is quite evident that case of the petitioner was not considered for promotion on the post of Head Assistant with effect from the due date as the seniority list was not finalized by the department. If the finalization of the seniority list has not been made within reasonable time the petitioner cannot be held responsible for the delay in finalizing the gradation list. In these circumstances, I have no option but to direct the State respondent to consider the case of the petitioner for grant of promotion on the post of Head Assistant with effect from the due date and to grant him the benefit of such promotion at least from the date his juniors have been so granted i.e. 31.8.1982/ 6.4.1998 as early as possible in any case within a period of two months from the date of receipt/production of a copy of this order before the Engineer-in-Chief Respondent No.3). It goes without saying that in case the petitioner is allowed the admissible benefit of the post of Head Assistant with effect from the earlier date, then revised pensionary benefit shall also be extended to the petitioner within reasonable time from the date of grant of promotion. M.Rahman (V. N. Sinha, J)