IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.938 of 2003 Chandeshwar Singh, Son of Shri Mahatam Singh, Resident of Village at Sheikh Persa, P.O. Manjha Garh, District Gopalganj, at present Head Master, Kalyanpur Barauli. --------- Petitioner Versus 1. The State of Bihar. 2. District Education Establishment Committee through its Chairman, the District Magistrate, Gopalganj. 3. District Superintendent of Education, Gopalganj. -------- Respondents ----------- 4 02.07.2010 No one appeared on behalf of the petitioner. Counsel for the State is present. The prayer of the sole petitioner in this writ application is as below:- “1. That this is an application for setting aside a part of the order passed by the District Education Establishment Committee, Gopalganj which was communicated by Memo No. 954 Gopalganj dated 18.6.1996 whereby and whereunder the decision was taken with regard to the non-payment of the arrear salary/the difference of pay from the due date of promotion, rather it was communicated that the payment will be ensured from the date of joining against the post of the Head Master and the further prayer is for a direction with respect to the payment of the difference of pay from due date of promotion with interest at market rate and for the other necessary relief/reliefs on the basis of the facts and circumstances of the case.” From the impugned order, it would 2 appear that the District Education Establishment Committee of Gopalganj district by its resolution dated 12.6.1996 had taken a decision for promotion the petitioner and 32 others on the post of Headmaster with effect from 31.12.1985 but in the said order the financial benefit of the post was made operative only from prospective effect i.e. 18.6.1996. In other words, the grievance of the petitioner in this writ application is confined to payment of monetary benefit in view of the order of promotion for the period 31.12.1985 to 16.6.1996. In absence of any counter or even instruction to the Counsel for the State, he is not in a position to explain the reason for denial of such monetary benefit. Counsel for the State, however, would refer to circular no. 3025 dated 22.12.1995 of the State Government to contend that the monetary benefit in terms of the said circular would be available only from the prospective date when the promotion would come into force. This Court in view of the order dated 4.2.2000 in CWJC No. 287 of 1999 while 3 examining a similar matter after addressing itself to the Finance Department Circular No. 2074 dated 4.4.1985 had after making a detailed discussion gone to hold that once the promotion was given from the retrospective date, the incumbent would also be entitled for consequential benefit. In the opinion of this Court, the order of promotion of the petitioner does not contain any reason as to why the petitioner would stand deprived of financial benefit from the retrospective date of his promotion. The circular referred to and relied by the learned counsel for the State dated 22.12.1995 has also not been made plank for such decision by the authority in the impugned order. In that view of the matter, this Court would direct the District Superintendent of Education, Gopalganj to place the whole matter afresh for the decision of District Education Establishment Committee, who would reconsider the matter with his open mind and if it is found that the post of Headmaster was available from 31.12.1985 and the petitioner was wrongly denied such promotion despite existence of vacancy on the sanctioned post of 4 Headmaster, he would take a decision for payment of actual monetary benefit from the date of retrospective promotion of the petitioner. On the other hand, if there be any good and valid reason for denial of such monetary benefit to the petitioner from the date of his retrospective promotion, the authority will reject such prayer of the petitioner would be under obligation to record reasons for the same. Such an exercise, however, must be completed by the authority within a period of six moths from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh Mihir Kumar Jha, J.