IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14602 of 2004 RAJESHWAR PRASAD AMBASTA, son of late Basudeo Narain, resident of Mohalla – Police Colony, P.S. Gardanibagh, District – Patna. Versus 1. THE STATE OF BIHAR. 2. The Chief Secretary, Government of Bihar, Patna. 3. The Secretary, Labour Employment and Training Department, New Secretariat, Patna. 4. The Accountant General, Government of Bihar, Patna. ----------- 06. 9.8.2010 The original petitioner is dead. He died on 26.1.2008 leaving behind his legal heirs whose names have been indicated in para 1 of I.A. No. 5315 of 2008. This I.A. is for substitution, which is allowed. Let the names of legal heirs mentioned in para-1 of the said I.A. be substituted in place of the original petitioner. Rajeshwar Prasad Ambasta filed the writ application for grant of atleast notional promotion on the post of Labour Superintendent since his entitlement and eligibility was not an issue. The Departmental Promotion Committee recommended his case for such an appointment, which would be evident from Annexure-1. The name of the original petitioner figures along with other similar situated persons. One of the persons whose name also figures after the petitioner is one Lalan Singh. The final notification of promotion did not go through because certain papers were not produced before the Departmental Promotion Committee for which the petitioner had to approach this Court and a direction was issued in terms of the order which is dated 30.4.2001. Despite such a direction the final notification granting promotion came after superannuation of the petitioner and obviously 2 petitioner’s name did not figure in that list. It is in this background that the present writ application has come to be filed. Besides other averments learned counsel for the petitioner brings to my notice the case of Lalan Singh who had also approached the High Court for similar relief. His prayer for grant of notional promotion and benefit flowing therefrom came to be granted vide order dated 12.8.2008. The decision rendered by the learned single Judge is reported in 2009 (1) PLJR 373. It is the stand in the present writ application that case of the original petitioner stands identical to Lalan Singh whose name figures one notch below the name of the petitioner. It is also informed that L.P.A. No. 518 of 2009 filed against the order of the learned single Judge also came to be dismissed on 10.12.2009. A copy of the said order has been produced by the counsel and is placed on record. For the reasons given in the case of Lalan Singh and the factual matrix being identical to the present case, the writ application is allowed with a direction upon the respondents that they shall consider the case of the original petitioner namely , Rajeshwar Prasad Ambasta for notional promotion from 4.1.2000, that was the date when recommendation for promotion was made by the Departmental Promotion Committee, as has been done in the case of Lalan Singh. Needless to say that the benefit flowing from such notional promotion with regard to post retiral dues will accrue in favour of the legal heirs who have been substituted in the writ application. rkp ( Ajay Kumar Tripathi, J.)