IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12340 of 2011 Ram Bilas Prasad sonof Shri Ram Pyare Prasad, resident of Village- Rampur, P.S.Dinara (Natwar), District-Rohtas……………..Petitioner Versus 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Secretary Department of Personnel Bihar, Patna. 3. The Commissioner, Patna Division, Patna, Bihar. 4. The District Collector Rohtas at Sasaram. ………………………. Respondents. ---------------------------------- 2 03.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Though the writ petition has been filed for quashing of order contained in memo no.853 dated 10.8.2007 by which the earlier promotion given to the petitioner to the post of head clerk with effect from 1.3.1999 has been cancelled but the learned counsel for the petitioner submits that he would be satisfied if the Court disposes off the writ petition with a direction to the respondents to take a final decision with regard to the date of such promotion specially in the light of Annexure-8/3 which is the letter of District Magistrate, Rohtas at Sasaram as contained in Memo No. 79 dated 21.1.2008 wherein it is stated that the promotion of the petitioner has been recommended as per the Establishment Committee meeting from 1.1.2000 but in view of certain information not being furnished to the Establishment Committee, further action could not be taken. Upon hearing learned counsels for the parties this Court feels that the prayer made by the learned counsel for the petitioner is reasonable. Accordingly ,this Court directs the 2 respondent no.4 to ensure that the final decision with regard to grant of promotion to the petitioner on the post of Head clerk is taken at the earliest and in any case within a maximum period to two months from the date of production of a copy/receipt of this order upon him. This Court would also like to indicate that the decision would be taken in light of the above mentioned Annexure-8/3 dated 21.1.2008.It is further clarified that consequent upon grant of such promotion, writ petitioner shall be entitled to all consequential benefits including the pay and other emoluments attached to the promotional post. The said benefits should also be paid to the petitioner within six months thereafter. Learned counsel for the petitioner submits that in view of the fact that if certain monetary benefits have accrued to him pursuant to the earlier order granting him promotion dated 1.3.1999 the same cannot be recovered in view of the settled law that if same has not been paid due to any fraud or misrepresentation by the concerned employee, the same shall not be recovered. This Court finds substance in such submission. Accordingly; this Court further directs that no recovery shall be made from the payments already made to the petitioner on account of such grant of promotion with effect from 01.3.1991. With the above directions this writ petition stands disposed off. Sudha ( Ahsanuddin Amanullah, J.) 3