IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2451 of 2001 SHEO DAHIN RAM Versus THE STATE OF BIHAR & ORS ----------- 3/ 03.09.2008 The claim in the writ application filed in the year 2001 is to be considered for promotion to a Class III post from Class IV post in Dehri-on-Sone Anchal. It is his case that he is at serial 16 of the seniority list of Class IV employees and being fully eligible was found fit for promotion in the meeting of the Establishment Committee dated 22.12.1992, but no formal order was passed in consequence thereof. The petitioner has superannuated in 2003. It is his further case that at the time when he came to be recommended there were six vacancies existing in Class III post of Correspondence clerk. The counter affidavit on behalf of the respondents is an apology for a counter affidavit. Paragraph 6 states that the petitioner was eligible for promotion but it cannot be given to him because no junior to the petitioner has been promoted and that the petitioner has not been denied promotion as instructions to this effect has been given from end of the Chief Engineer. Paragraph 8 admits his position and the seniority list of Class IV employees in which the petitioner stands at serial no.16 and further acknowledges that the persons at serial no.1 to 15 were ineligible for promotion. Paragraph 10 of the counter affidavit admits the statement of the petitioner in paragraph 12 of the writ application that the vacancies of Grade 3 being available as noticed above and goes on to submit that necessary instruction has - 2 - been sought from the Junior Engineer. The factum of recommendation in his favour dated 22.12.1992 is also not denied in the counter affidavit. In the peculiar facts of the case, where the respondents have explicitly admitted the eligibility of the petitioner and have failed to explain their inaction for non consideration despite the petitioner having come to this Court in his service tenure when the writ petition has remained pending, till 2008 and the respondents by their own fault allowed the petitioner to superannuate; this Court considers it proper to direct that the petitioner cannot be deprived of the monetary benefits of such promotional post for the fault of the respondents. The writ application is disposed with directions to the respondents to consider the case of the petitioner for promotion to a Grade 3 post within a maximum period of four months from the date of receipt/production of a copy of this order. The petitioner is held entitled to the monetary benefits of the promotional post from the due date to be determined by the respondents and his pensionary and retiral dues be re-fixed and paid accordingly within the same time. HR ( Navin Sinha )