IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12062 of 2002 RABINDRA KUMAR SINHA Versus THE BIHAR STATE COOPERATIVE MARKETING UNION Ltd. & ors ----------- 3. 06.03.2009 Heard leaned Counsel for the petitioner. No one is present on behalf of the State and no counter affidavit has been filed seven years later. The claim in the writ application is for consideration for promotion from the post of Senior Accounts Clerk cum Typist to the post of Section Officer with effect from 1.10.1999 the date from which his juniors have been promoted. The petitioner has superannuated on 30.4.2004. No useful purpose shall be served by keeping the writ application pending requiring the respondents to file counter affidavit as that shall only be giving an advantage to the respondents by delaying further the non-consideration of the case of the petitioner for promotion. The writ application is therefore disposed with a direction to the respondents to consider the case of the petitioner for promotion and pass a reasoned order in the event that he is held not entitled to the same. If the respondents find justification in the claim of the petitioner, they shall be obliged to make available the monetary benefits of the same also. Let compliance on both counts be done within a maximum period of five months from the date of receipt and/or production of a copy of this order. The petitioner shall also be at liberty to file a fresh representation in that regard should be deem it necessary. Snkumar/- (Navin Sinha,J.)