IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.267 of 2011 The State Of Bihar & Ors Versus Shiva Ratan Rungta ----------- 4 5-7-2011 Heard the parties. The State is aggrieved by order under appeal dated 30-11-2010 whereby C.W.J.C. No. 5843 of 2006 has been disposed of with a direction to the Agriculture Production Commissioner, Bihar to decide the effective date of grant of supertime pay scale to the petitioner who retired long back in December, 1993. Both the parties agree that the writ court has passed the order under appeal by wrongly holding that the writ petitioner was holding the post of Director Agriculture ( Statistical ). In fact, from the submissions advanced before us it appears that the entire case of the writ petitioner was on a different footing and he claims a right 2 to be considered for promotion to a post in supertime scale on the ground that one Ratan Kumar Singh junior to him had been promoted to such scale on 29-6-1992. Some others were also allegedly promoted but after the petitioner had superannuated from service. Learned counsel for the State has submitted that the order promoting Ratan Kumar Singh shows that he was promoted to senior selection grade and not to suppertime scale. We are not inclined to go into the detailed fact because it is apparent that the relief granted to the petitioner was upon mis-conception of facts and the stand of the State was not clear before the writ court. In larger interest of justice, the order under appeal is set aside and the matter is remitted back to the writ 3 court for granting opportunity of fresh hearing to the parties and for taking a fresh decision in the matter. In the interest of justice the State is granted an opportunity to file a detailed counter-affidavit in the writ court bringing on record all the relevant documents, including annexure- 4 to this memorandum of appeal. The appeal stands allowed to the aforesaid extent. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)