IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17995 of 2009 1. AWADHESH PANDEY S/O LATE RAGHUNANDAN PANDEY AT PRESENT WORKING AS TECHNICAL ADVISOR/EXECUTIVE ENGINEER IN THE OFFICE OF THE SUPERINTENDING ENGINEER, DRINKING WATER & SANITATION CIRCLE, HAZARIBAGH, DISTT.- HAZARIBAGH Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. ENGINEER-IN-CHIEF - CUM - SPECIAL SECRETARY PUBLIC HEALTH ENGINEERING DEPARTMENT, BIHAR, PATNA 3. DEPUTY SECRETARY GOVT. OF BIHAR, PUBLIC HEALTH ENGG. DEPTT., BIHAR, PATNA 4. STATE OF JHARKHAND THROUGH PRINCIPAL SECRETARY DRINKING WATER AND SANITATION DEPARTMENT, STATE OF JHARKHAND, RANCHI 5. PRINCIPAL SECRETARY null DRINKING WATER AND SANITATION DEPARTMENT, STATE OF JHARKHAND, RANCHI 6. ENGINEER-IN-CHIEF DRINKING WATER AND SANITATION DEPARTMENT, JHARKHAND, RANCHI 7. UNDER SECRETARY, GOVT. OF JHARKHAND DRINKING WATER AND SANITATION DEPTT., JHARKHAND, RANCHI ----------- 2. 11.3.2010 Heard learned counsel for the petitioner, for the State of Bihar and for the State of Jharkhand. The petitioner is aggrieved by the impugned orders dated 13.11.2006 passed by the State of Bihar and the consequential order dated 31.5.2007 passed by the State of Jharkhand consequent to the fact that the petitioner has now been allocated the State of Jharkhand after reorganization of the State of Bihar. The petitioner is aggrieved by the order dated 13.11.2006 to the extent that it grants him promotion with effect from 1.4.1998 but denies him the monetary 2 benefits from that date and directs it to be payable from the date he assumes charge of the promoted post of Executive Engineer (Civil) and in terms of which the consequential order has been issued. Counsel for the State of Bihar submits that the direction that monetary benefits of the promotion shall not be paid with retrospective effect but from the date of promotion is based on Rule 58 (A) of the Bihar Service Code and therefore there is no illegality in the order. The matter is remanded to the Principal Secretary, Public Health Engineering Department to reconsider the matter with regard to grant of retrospective monetary benefits from the date of promotion in context of Rule 58(A) of the Bihar Service Code and in light of the judgments of this Court reported in 2006(1) PLJR 628 and 1987 PLJR 347and any other judgment that the petitioner may rely upon on Rule 58(A) of the Bihar Service Code. The concerned respondents is then required to pass a reasoned and speaking order in light of the law laid down if he is of the opinion that the petitioner is entitled to no relief thereunder notwithstanding the judgments so that judicial review of the order may be facilitated, if the need arises. 3 If the concerned respondents be of the opinion that the petitioner is fully covered on the law laid down by this Court since long years, he is directed to simultaneously consider the issue of grant of appropriate interest to the petitioner in accordance with law from 13.11.2006 till date of actual payment and to ensure that the monetary benefits are also made available to the petitioner in accordance with law within the time fixed hereinafter. Let such consideration be done and reasoned and speaking order as discussed be passed within a maximum period of six weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)