IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7912 of 2003 SHIVA SEWAK SINGH, son of Latel Tore Narayan Singh, resident of village and P.O. Seotar, P.S. Atri, District-Gaya, presently residing at Mohalla- M.I.G, 102, Housing Board quarter, Shahid Bhagat Singh Colony, Gaya. Versus 1.THE STATE OF BIHAR 2.The Director, Welfare Department, Government of Bihar, Patna. 3.The District Welfare Officer, Gaya, District Gaya. ----------- 3 7/12/2009 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioner in this writ application reads as follows:- (i)For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to grant promotion in Junior Selection Grade, Senior Selection Grade and Super Time Scale with effect from junior to the petitioner granted promotion in the grade. (ii)For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to pay the entire monetary benefits after granting promotion to the petitioner with interest.” From the pleadings on record it is clear that the petitioner had entered in service on the post of Welfare Inspector way back on 29.12.1958 and had retired on 29.2.1996 and after good seven years of retirement the petitioner remembered of his so called entitlement in the junior selection grade, senior selection grade and Super 2 time scale and his grievance is based on the ground that he was not given any such promotion only on account of pendency of the criminal case against him which was continued from October, 1977 to October, 1991. The petitioner also claims that as he had been given a clean acquittal from the Court leading to his reinstatement in service by an order dated 14.10.1993 after revoking his order of suspension vide the same order dated 14.10.1993 by also giving the consequential benefit treating the entire period of suspension towards duty, which was to be calculated for computation of his pension, gratuity etc. Counsel for the State who has filed counter affidavit has however explained the whole thing by referring to the order dated 20.10.2003, wherein it has been shown that no person junior to the petitioner was promoted on the higher post or given senior selection grade or super time scale at that point of time and as a matter of fact the petitioner with his seniors as also juniors were given promotion only on 18.10.2003 vide two office order Nos. 4342 and 4343 both dated 20.10.2003 as also office order No.4728 dated 18.11.2003 and the Finance Department has also cleared the proposal for payment of consequential arrears and monitory benefits. The aforesaid facts though asserted in the counter affidavit have not been controverted by the 3 petitioner and consequently the stand taken by the Respondents in the counter affidavit must be deemed to be admitted by the petitioner. Consequently, the grievance of the petitioner as originally raised in this writ application seems to have been redressed. Nonetheless, as no one has appeared to press this application, the same is dismissed as becoming infructuous. Abhay Kumar (Mihir Kumar Jha, J.)