IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10810 of 2002 PRAVIR KUMAR VERMA Versus THE STATE OF BIHAR & ORS ----------- 3. 3.3.2009 Heard learned counsel for the petitioner and the State. The claim in this writ application by the petitioner who was in the basic grade of District Dairy Development Officer, is for the promotion to the post of Deputy Director a Junior Selection Grade post with effect from 1.8.1989 and Joint Director, a Senior Selection Grade post with effect from 1.4.1994, as also to consider him for promotion to the next superior post to the Director of Dairy which fell vacant. The petitioner is stated to have superannuated during the pendency of the writ application, on 31st December 2002. It is his case that a departmental promotion committee vide Annexure-5 recommended him for promotion to the post of Deputy Director and Joint Director Dairy Development. Vide Annexure-6, the draft notification was prepared, signed and was only required to be formally issued. This Court on 28.10.2002 had noticed that the petitioner was due for superannuation in December, 2002. That he was relying upon the recommendation of the DPC dated 22.2.1999. It is his further case that he had discharged duties both as a Deputy Director and a Joint Director, in an officiating capacity. No counter affidavit has been field on behalf of the respondents. - 2 - This Court is not persuaded to keep the writ petition pending by requiring a counter affidavit 7 years later giving the respondents an advantage for their own lapses. This writ petition is disposed of with a direction to the respondent no. 2 to examine the claims of the petitioner for promotion to the post of Deputy Director, Joint Director and Director Dairy Development from the due date and pass a reasoned and speaking order thereupon in accordance with law. Let it be so done within a period of 12 weeks from the date of receipt/production of a copy of this order. If the respondents propose to pass an order adverse to the petitioner, they shall provide him an opportunity of hearing and shall pass a reasoned and speaking order. In the event that the respondents find justification in the claim of the petitioner, entirely or in part, the question of payment of full salary for the higher post shall naturally arise. This Court requires respondent no. 2 to pass appropriate orders with regard to the same also keeping in mind that the petitioner claims to have discharged his duties of Deputy Director and Joint Director and may have been prevented from discharging the duties of a Director for no fault of his and pass appropriate orders with regard to the same also within the same time period. The writ application is disposed of. P. Kumar (Navin Sinha, J.)