IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.234 of 2009 Raghunath Singh . Versus The State Of Bihar & Ors . ----------- 6. 01.08.2011 Heard learned counsel for the petitioner and the State. The petitioner was appointed on 26.5.1960 as an Agriculture Inspector. The post was merged with that of Agriculture Extension Supervisor/Block Agriculture Officer in 1962. These posts were under the Bihar Agriculture Sub-ordinate Service. The petitioner was granted selection grade on 9.5.1988 with effect from 1.6.1977 to 1.10.1980. The next promotional avenue from the Bihar Agriculture Sub- ordinate Service was to the Bihar Agriculture Service Class-II Category-I against 75% quota for promotion. The petitioner was promoted on 17.12.1992 with effect from 1.10.1980. The contention of the petitioner is that he completed 10 years of service in Bihar Agriculture Service Class-II, category-I computed from 1.10.1980 and therefore is entitled to first time bound promotion under that head. He relies on such time bound promotion given to his juniors at serial 6 to 9, 14, 16, 17, 22 and 24 in the deliberations of the Departmental Promotion Committee dated 5.6.2008. 2 The next submission is that while the petitioner has been granted the junior selection grade of Rs. 3000-4500/- from 11.3.1992 in Bihar Agriculture Service Class-II, category-I, his juniors as aforesaid have been given that benefit in the same pay scale from a date prior to 11.3.1992. The submission therefore is of hostile discrimination by erroneously taking into account the selection grade granted to him in the Bihar Agriculture Sub-ordinate Service as a promotion. But, the same benefit granted to the juniors also in the Bihar Agriculture Subordinate Service is being ignored by giving them the benefit of both first and second time bound promotion also. The petitioner states that during the pendency of the writ petition he has come in possession of the deliberations dated 5.6.2008 of the Departmental Promotion Committee and in pursuance of which the impugned order dated 17.6.2008 has been passed. The impugned order holds that he has been granted two promotions, one in the Bihar Agriculture Service Class-II category-I, and then the junior Selection grade on 11.3.1992 and thus he was not eligible for grant of time bound promotion. The submission is that the petitioner is 3 entitled to the same treatment as given to his juniors and for which he has represented on 9.6.2009 during the pendency of the writ petition. The Court is satisfied that the petitioner has made out a case for requiring the respondents to reconsider their decision in light of the submission that persons appointed after him in the Bihar Agriculture Sub-ordinate Service and promoted to the Bihar Agriculture Service Class-II, category-I after him have been granted benefit from an earlier date creating an anomalous position where they have got the pay scale of the junior selection grade from a date prior to that of the petitioner. Let the respondents consider the fresh representation of the petitioner. If they are satisfied that there has been hostile discrimination against the petitioner, nothing precludes them from passing fresh appropriate orders notwithstanding the impugned order dated 17.6.2008. Conversely, if the respondents opined that the impugned order requires no reconsideration, they shall be obliged to pass a reasoned and speaking order of the justification for granting similar benefit to the persons junior to the petitioner from an earlier date as alleged by him. 4 Let such consideration be done and a reasoned and speaking order passed within a maximum period of three months from the date of receipt/production of a copy of this order along with the fresh copy of the representation dated 9.6.2009. Needless to state that if the respondents find justification in the claim or in any part of the claim, they shall not only issue necessary consequential orders but shall ensure that the actual monetary benefit, if any, is also made available to the petitioner. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)