IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7450 of 2009 MUKTESHWAR PRASAD AGED ABOUT 59 YEARS, SON OF LATE DURGA PRASAD, PRESENTLY POSTED AS REGIONAL DEVELOPMENT OFFICER, TURHUT DIVISION, MUZAFFARPUR, DISTRICT MUZAFFARPUR HAVING PERMANENT RESIDENT OF NEW POLICE LINE, P.S. GAYA, DISTRICT GAYA ---------PETITIOER. Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE TREASURY OFFICER, SACHIVALAYA TREASURY, VISHVESHWARAIYA BHAWAN, PATNA. THE ACCOUNTANT GENERAL, BIHAR, PATNA-----RESPONDETNS. ----------- For the Petitioner : Mr. A.P. Jittu, Advocate. For the State : Mr. Madhura Nand Jha A.C. to AAG-7, Advocate. 02. 06.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner has filed this writ application for a direction to the State Respondents to consider his case for grant of promotion on the post of Joint Secretary or equivalent post in the scale of 14,300- 18,300/- with further prayer to quash the instructions of the State Government contained in Memo No. 3291 dated 17.4.2009, Annexure-1 whereunder it has been directed to withhold his 10% pension, full gratuity and leave encashment until disposal of the pending vigilance case. Petitioner has filed representation dated 20.1.2009 for grant of promotion which was forwarded to the State Government by the Commissioner, Tirhut Division under Memo No. 203 dated 10.2.2009 for being considered by the Principal Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar. 3. Let the Principal Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar consider the representation of the petitioner dated 20.1.2009 in accordance with law as early as possible, - 2 - in any case within a period of one month from the date of receipt/production of a copy of this order. 4. So far prayer to quash the instructions of the State Government contained in Memo No. 3291 dated 17.4.2009, Annexure-1 is concerned, for such relief petitioner has not yet moved the State Government. Accordingly, he is directed to move the State Government by filing a representation for grant of full gratuity and leave encashment in the light of the judgment of this Court in the case of Baliram Pandey Versus The State of Bihar & Ors. reported in 2004(4) PLJR 5. Such representation should also be considered by the competent authority of the Personnel and Administrative Reforms Department in accordance with law as early as possible, in any case within one month from the date of its receipt. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J)