IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11893 of 2001 CHITTA RANJAN MEHRA Versus THE STATE OF BIHAR & ORS ----------- 06 25.09.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has filed this writ petition for being promoted to the Supertime Scale of Bihar Administrative Service on a simple ground that his juniors were so promoted by an order dated 27.02.1999, Annexure-6. It was specifically pointed out that in the gradation list contained in Annexure-8, one Kameshwar Ram is at Serial No.146 where as the petitioner is at Serial No. 114. It was further submitted that petitioner belongs to reserved category to which Mr. Kameshwar Ram belongs and there was no reason in the service records of the petitioner to supersede him by his junior. It is not in dispute that on account of creation of a new State of Jharkhand with effect from 15.11.2000 the service of the petitioner was allocated to that State and he has superannuated from that State. However, the writ petition was filed on 10.09.2001 in this High Court because the petitioner was superseded in the year 1999 by an order of the State of Bihar. It is understood that if the petitioner succeeds against the State of Bihar, the benefits of Supertime Scale will be paid to him by the State of Jharkhand from where he superannuated. The counter affidavit filed on behalf of State of Bihar does not contest the claim of the petitioner on merits and it has simply stated that he should seek relief from Government of Jharkhand - 2 - because he was allocated to that State with effect from 15.11.2000 and his files and documents have been sent to Government of Jharkhand vide Departmental letter no.8307 dated 28.09.2004. On 27.03.2008 this court granted two weeks time to file a supplementary counter affidavit on behalf of State so as to answer the writ application on its merit. No supplementary counter affidavit has been filed, but learned counsel has produced before this court a supplementary statement of facts dated 07.04.2008 which has been forwarded through a letter of Deputy Secretary of Personnel and Administrative Reforms Department bearing no.3903 dated 08.04.2008. According to the contents of supplementary statement of facts the Department does not deny the claim of the petitioner and its only plea is that the grievance of the petitioner has to be redressed by the Department of Personnel and Administrative Reforms and Rajbhasha Jharkhand to whom a letter has been sent on 08.11.2007. In the facts of the case when the State of Bihar has not contested the claim of the petitioner on merits, the prayer of the writ petitioner is allowed. He is held entitled to be promoted to the Supertime Scale of Bihar Administrative Reforms from the same date his junior Kameshwar Ram was promoted by notification No.1872 dated 27.02.1999 issued by the Personnel and Administrative Reforms Department, Bihar. A copy of that notification is annexure-6 to the writ petition. Since the petitioner has superannuated he should be paid the monetary benefits of such promotion and consequential revision in his retirement benefit at an early date preferably within three months. - 3 - It is made clear that monetary benefits will be paid to the petitioner by State of Jharkhand from where he was superannuated and if that state has any claim against the State of Bihar for any part of the period for which petitioner would be paid the benefits, such claim shall be adjusted between the two states in accordance with law. The writ petition is allowed to the aforesaid extent. Sym (Shiva Kirti Singh,J.)