IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.7318 of 2009 Ramanand Sharma Versus The State Of Bihar & Ors 2/ 02/08/2011 Heard learned counsel for the petitioner and learned counsel for the State. Despite the passage of over two years since the filing of the writ petition after serving two copies in the office of the Advocate General, no counter affidavit has been filed till date. No useful purpose is going to be served by keeping the writ application pending as that may also amount to denial of timely justice to the petitioner. The claim in this writ application is to be considered for regular promotion to the post of foreman/foreman instructor. The petitioner is stated to be holding the substantive post of Sr. Instructor. His claim is that he fulfils all conditions of eligibility for promotion to the former post. Considering his eligibility he has been asked to discharge the duties of the promotional post from 30.10.2000, but he is being paid the salary of Sr. Instructor. He has represented also, but to no avail. Not only do the respondents not respond to his representations, but also do not assist the Court by filing a counter affidavit. If the petitioner fulfils the conditions of eligibility for promotion as is 2 urged on his behalf, there can be no justification for giving him officiating charge of the promotional post since long years from 30.10.2000, as claimed. Let the respondents consider his claims for promotion in accordance with law. If he fulfils the conditions of eligibility for promotion, naturally, the consideration has to be from the date of eligibility. In that event, the petitioner shall be entitled to all arrears of salary for the promotional post less what may have been paid to him as a Sr. Instructor. The Court finds substance in the alternative claim of the petitioner also that if he is not found eligible for promotion, nonetheless, while holding a substantive lower post he has been asked to discharge the duties of a higher post in an officiating capacity, he is entitled to officiating allowance under Rule-103(a) of the Bihar Service Code. Reliance has been placed on 2006(2) P.L.J.R. 330 (Lal Babu @ Lall Babu @ Lallu Babu vs. the State of Bihar & Ors.) in support of the latter proposition. Let the respondents consider the claims of the petitioner for substantive promotion and alternatively for allowances in accordance with law within a maximum period of four months from the date of receipt/production of a copy of this order. Liberty is 3 further granted to supplement the representations filed also, if so advised. The writ application stands disposed. KC ( Navin Sinha, J.)