IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.459 of 2008 NANDESHWAR PRASAD . Versus THE STATE OF BIHAR & ORS . ----------- 2. 25.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is stated to have retired from the substantive post of Junior Engineer on 31.3.2008. In this writ petition filed two months prior to his superannuation, he seeks a direction to consider him for promotion to the post of Assistant Electrical Engineer and subsequent promotions that may be due to him. The contention is for long years he continued to discharge the duties of an Assistant Electrical Engineer even while substantively holding the post of Junior Engineer without even the benefit of Rule 103 of the Bihar Service Code. Counsel for the parties are not at issue that presently the case of the petitioner for appropriate promotion is under consideration. Leave is therefore sought to withdraw the application to that extent. If the petitioner files an application for his claim under Rule 103 of the Bihar Service Code for duties performed on the post of Assistant Electrical Engineer while holding the substantive post of Junior Engineer, this Court requires the respondent to consider the same expeditiously within a period of three months from the date of 2 receipt/production of a copy of this order and pay the legitimate dues of the petitioner thereunder keeping in mind that it was a statutory obligation of the respondents themselves to be compiled with in accordance with law without awaiting a formal request from the petitioner. The writ application is disposed as withdrawn but with directions on the latter prayer. P. Kumar (Navin Sinha, J.)