IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9890 of 1996 RAZAUR RASHID JAUHAR son of Sayed Mohammad Ali, resident of village- Phulwaria, Police Station- Phulwaria, District- Begusarai, at present posted as Demonstrator in Chemistry in the Government Polytechnic Barauni, Begusarai. …. Petitioner. Versus 1. STATE OF BIHAR, through the Secretary, Science and Technology Department, Government of Bihar, New Secretariat, Patna. 2. The Director, Science and Technology Department, Government of Bihar, new Secretariat, patna. 3. The Principal, Government Polytechnic Barauni Begusarai. … Respondents. ----------- 11. 20.05.2011 Heard Mr. C. M. Chaurasia, learned counsel for the petitioner. No one appears on behalf of the State. As with regard to the following prayer made in this writ application:- “1. That by this writ application the petitioner craves for an indulgence of this Hon’ble Court for issuance of a writ in the nature of mandamus or for any other appropriate writ, writs, direction or orders commanding the respondents to give personal promotion to the petitioner on the post of Assistant Professor in Chemistry since the date of the issuance of the letter No.2553 dated 9.9.1991 issued by the State Government contained in Annexure-7 and also in view of the letter contained in Annexure-8 or from the date of the obtaining the degree of M.Sc. Chemistry by the petitioner in 1992 and after the said promotion to the petitioner the respondents concerned 2 be directed to give the consequential benefits to the petitioner admissible in the eye of law and further for a direction to the respondents concerned to extend the tenure of the service of the petitioner from 58 years to 60 years after giving the said personal promotion to the petitioner in the facts and circumstances of the case of the petitioner stated in this writ application and also in view of the case of similarly situated persons like the petitioner who have already been given personal promotion by the respondents on the post of Assistant Professor, and their age have also been extended from 58 years to 60 years.” the submission of Mr. Chaurasia is that the petitioner strictly fulfils all the requirement as laid down in the government policy for giving personal promotion to the Demonstrator as contained in Letter No. 2553 dated 9.9.91 (Annexure-7). He has also highlighted the aspect that though the petitioner had also applied through proper channel for considering his case for personal promotion on the post of Assistant Professor (Lecturer), but the respondents till today have not taken any final decision. From perusal of the counter affidavit which was filed on 27.10.1997, it would transpire that respondents in paragraph 17 thereof had admitted that 3 the matter of grant of personal promotion to the petitioner was under consideration in the department and was awaiting some advice of the Finance Department. Thereafter the matter had been placed for hearing on a number of occasions and adjournments were given to the counsel for the State to inform this Court as to whether any final decision had been taken in the case of the petitioner. As noted above, no one has appeared for the State and therefore this court has been kept in dark as to whether any final decision had been taken in the matter of grant of personal promotion to the petitioner from the post of Demonstrator to the post of Assistant Professor. During the pendency of this writ application, the petitioner had already retired holding the post of Demonstrator on 31.5.1998, but then if the petitioner was entitled for grant of such personal promotion in terms of Government Resolution / Decision dated 9.9.1991 and which in fact was also being considered by the State Government as asserted in paragraph 17 of the counter affidavit, this Court will have no hesitation in directing the respondents to 4 complete the process of consideration for grant of personal promotion to the petitioner within a period of six months from the date of receipt/production of a copy of this order. The concerned competent authority must pass his final order as with regard to grant of personal promotion to the petitioner and it goes without saying that if the petitioner is given such personal promotion on the post of Assistant Professor in terms of Government decision dated 9.9.1991, he would also be entitled for all consequential benefits. With the aforementioned observations and directions, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)