IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18647 of 2009 1. SHANKAR PRASAD DOKANIA S/O LATE LAXMI NARAYAN DOKANIA R/O G.N. VERMA, ASHOK NAGAR, ROAD NO. 11, P.S. KANKARBAGH, DISTT. PATNA, RETIRED AS SUPERINTENDING ENGINEER, BIHAR STATE HOUSING BOARD, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY URBAN DEVELOPMENT AND HOUSING DEPTT. HAVING HIS OFFICE OF VIKAS BHAVAN, P.S. SACHIVALAYA, DISTT. PATNA 2. THE BIHAR STATE HOUSING BOARD THROUGH ITS CHAIRMAN HAVING HIS OFFICE 6 MANGLES ROAD, P.S. SACHIVALAYA, DISTT. PATNA 3. THE MANAGING DIRECTOR BIHAR STATE HOUSING BOARD HAVING ITS OFFICE AT 6 MANGLES ROAD, P.S. SACHIVALAYA, DISTT. PATNA 4. THE SECRETARY BIHAR STATE HOUSING BOARD HAVING ITS OFFICE AT 6 MANGLES ROAD, P.S. SACHIVALAYA, DISTT. PATNA -------- For the Petitioner :M/s Man Mohan & Vikas Mohan, Advocates For the Housing Board :Mr. Sanjay Kumar Sinha, Advocate For the State :Mr. Binod Kumar, AC to SC V 04/ 02.02.2010 Heard learned counsel for the petitioner, the State and the Bihar State Housing Board (hereinafter referred to as the Board). 2. Petitioner is aggrieved by paragraph 2 of the order, bearing Memo no. 3861 dated 27.9.2003, Annexure-3 to this application, whereunder instructions have been issued to pay the salary in the promoted scale with effect from the date of issue of the said order. 3. It is submitted on behalf of the petitioner that he has been promoted on the post of Executive Engineer (Civil) with effect from 28.2.1988 and should be paid the salary in the promoted scale of Executive Engineer with effect from the date of promotion i.e. 28.2.1988 and not with effect from the date of issue of the order i.e.27.9.2003. 4. I see substance in the submission of the learned counsel for the petitioner, as petitioner having been promoted with effect from - 2 - 28.2.1988 there is no justification for the authorities to pay him the salary in the promoted scale with effect from the date of issue of the order dated 27.9.2003 and, accordingly, the contents of paragraph 2 of the said order is quashed with direction to the authorities of the Board to pay arrears of difference of salary to the petitioner as early as possible, in any case within one month from the date of receipt/ production of a copy of this order. 5. The writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)