IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.349 of 2001 NIVA SINHA Versus THE STATE OF BIHAR & ORS ----------- 4/ 9/5/2008. Heard learned counsel for the petitioner and learned counsel for the State. The original petitioner came to this Court with a claim to be considered for promotion to the post of Assistant Engineer (Mechanical) with effect from the date that his juniors have been promoted i.e., 1.1.1993 from the post of Junior Engineer (Mechanical) in the Water Resources Department. It is not in controversy that a punishment of censure imposed on him lost its validity on 13.3.1991. It is the specific case of the petitioner in paragraph-7 that from the final gradation list of Junior Engineers (Mechanical), two persons Mr. Prem Chand Singh and Mr. Ram Chand Singh who were at Serial Nos.209 and 211 of the gradation list, were granted promotion to the detriment of the petitioner notwithstanding that his position was at Serial No.207. That even the vigilance clearance upon which the respondents are harping which in any event was a matter within their jurisdiction and had nothing to do with the petitioner, was in fact received on 23.12.2000 vide letter No.6104. During the pendency of the writ petition, the original petitioner was deceased and came to be substituted by his wife by order dated 2.9.2003. The counter affidavit of the respondents admits the factual - 2 - circumstances as noticed above. It further goes to state that in the D.P.C. recommendation dated 21.5.1993 and fresh D.P.C. recommendation dated 21.6.1995 the petitioner was recommended as fit for promotion. He could, however, not be promoted as vigilance clearance was wanting. The counter affidavit admits that even vigilance clearance was received on 23.12.2000, as stated by the petitioner. However, a ground has been urged that the vigilance clearance lost its validity within one year and therefore a fresh vigilance clearance was required. The petitioner seems to be at the losing end from both sides. His name is cleared by the Departmental Promotion Committee more than once. His juniors are promoted. He is denied the benefit for absence of a vigilance clearance. It has been noticed above that this aspect of the matter of vigilance clearance was the responsibility of the respondents themselves and had nothing to do with the petitioner. When the vigilance clearance is received, the authorities question its validity. This Court has no hesitation in holding that the action of the respondents, in the circumstances, is completely arbitrary. This Court, therefore, issues mandamus for consideration of the case of the deceased for promotion from the date that his juniors have been promoted. After such consideration, let the consequential monetary benefits of the promotion be made available to the wife of the deceased, the present petitioner, within a maximum period of four months from the date of receipt/production of a copy of this order. Since the petitioner has wrongly been denied the benefit, - 3 - this Court considers it proper to grant 7% interest on the arrears of salary consequent to grant of notional promotion. The respondents are also directed to refix and revise the pensionery and other retiral dues payable in the lifetime of the deceased along with the revision of the family pension after his death which shall also carry interest @ 7%. The dues on both counts shall carry interest at the rate of 7% from the date that both became payable till the date of actual payment. The issue of accountability also arises. For the lapses of those by reason of which the petitioner suffered, the State alone cannot be saddled with the burden. Liberty is therefore given for holding enquiry and recovery of the interest amount from the salary of the erring officers due to whose lapses the case of the petitioner could not be considered in time resulting in denial of due benefits and the necessity to pursue the matter in litigation resulting in avoidable expenditure in litigation costs by the State also. The writ application stands allowed. KC ( Navin Sinha,J )