IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11440 of 2010 ====================================================== 1. Nityanand Prasad S/O Late Markanday Prasad Srivastava R/O Mohalla- Uhmi Compound Ramnagar, P.O.+P.S.- Ram Nagar, Distt.- West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar, Through The Secretary Water Resources Department Office Situated At 3rd Secretariat, Patna 2. Engineer-In-Chief, Water Resources Department, Office Situated In 3rd Secretariat, Patna 3. Chief Engineer, Water Resources Department Valmikinagar Camp At Motihari 4. Superintending Engineer, Water Resources Department At Bettiah, West Champaran 5. Executive Engineer, Water Resources Department At Bettiah, West Champaran .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar Sinha For the Respondent/s : Mr. (Gp21) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 17-11-2011 Heard learned counsel for the petitioner and the State. The only surviving controversy in the writ application is now the date from which the 1st time bound promotion has been granted. The petitioner asserts in paragraph-9 that it has been granted from 27.3.1987 when he is entitled to the same from 1.4.1981. Paragraph-11 of the counter affidavit reads as follows:- “11. That, thereafter, vide Chief Engineer Motihari Patna High Court CWJC No.11440 of 2010 (2) dt.17-11-2011 2 vide letter No.64 dated 5.1.90 petitioner was granted First time bound promotion w.e.f. 1.4.81 is the scale of Rs.375-450.” The statement having been made by the respondents on oath in a judicial proceeding carries weight and the Court presumes the same to be correct as binding the respondents insofar as the grant of 1st time bound promotion to the petitioner is concerned. The application is disposed. Krishna Chandra Jha/- (Navin Sinha, J)