IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7398 of 2003 Sudhir Kumar Maijorwar, Son of Late Shashi Bhushan Prasad, Resident of 8M/57, Bahadurpur Housing Colony, Kankar Bagh, P.S. Agam Kuan, Town & Dist. Patna. --------- Petitioner Versus 1. The State of Bihar. 2. The Chief Secretary, Government of Bihar, Patna. 3. The Commissioner-cum-Secretary, Dept. of Personnel and Administrative Reforms, Govt. of Bihar, Patna. 4. The Finance Commissioner, Government of Bihar, Patna. 5. Legal Remembrancer-cum-Secretary, Deptt. Of Law, Govt. of Bihar, Patna. -------- Respondents ----------- 3 7.12.2009 Heard learned counsel for the petitioner and counsel for the State with regard to the following prayer in this writ application, namely:- “1. That the application is for issuance of a writ in the nature of mandamus directing the respondents to give the petitioner notional promotion to the post of Under Secretary and consequential monetary benefits with effect from 5.10.1993 and also the consequential monetary benefits for promotion to the earlier post of Registrar with effect from 5.10.1989 to 30.8.1993 and further consequential pensionary benefits and any other appropriate direction in the facts and circumstances of the case.” Learned counsel for the petitioner with reference to the aforementioned prayer would submit that during pendency of this writ 2 application, the respondents have notified the promotion of the petitioner on the post of Under Secretary with effect from 5.10.1993 with full financial benefits. He would, however, submit that despite lapse of more than one year from the date of notification of such promotion dated 27th October, 2009, the respondents have not done needful either in respect of payment of financial benefit for the period of service (from 5.10.1993 to31.12.1996) or for re-fixation of payment of retirement benefit on such revised higher pay- scale in the rank of Under Secretary. Learned counsel for the petitioner would also draw attention of this Court towards the communication of the office of the Accountant General dated 4.6.2009 and pay-slip issued by the Finance Department dated 5.9.2009 containing that only bottleneck is laying down in the administrative department of the petitioner. In the opinion of this Court, once this fact is admitted as is clear from counter affidavit that the Government has taken a conscious decision to give full financial 3 benefit out of such payment on the post of Under Secretary to the petitioner, it would always augur well for the administration to follow the said order in letter and spirit. There being thus no justifiable reason for not giving the financial benefit even in a span of more than a year from the date of such order of promotion of the petitioner dated 27.10.2008, this Court would direct the respondents to do the needful to ensure that whatever amount is legally payable to the petitioner by way of consequence of the notification of promotion of the petitioner dated 27.10.2008, must be settled and paid within a period of three months from the date of production/receipt of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)