IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4506 of 2002 RAMA SHANKAR SHARMA Versus 1. THE STATE OF BIHAR 2. The State of Jharkhand, through the Chief Secretary. 3. The Chief Secretary, Government of Bihar. 4. The Secretary, Road Construction Department, Govt. of Bihar. 5. The Secretary, Road Construction Department, Govt. of Jharkhand. 6. The Engineer-in-Chief, cum Additional Secretary cum Special Secretary, Road Construction Department, Govt. of Bihar. 7. The Joint Secretary, Road Construction Department. 8. The Deputy Secretary, Road Construction Department, Govt. of Bihar. For the Petitioner : M/S Ramakant Sharma Rajesh Kumar For the State of Bihar : Mr. Pritish Kumar Lal, J.C. to SC XI For the State of Jharkhand : Mr. Dhruv Mukherjee ----------- 7. 09.01.2009 Heard leaned Counsel for the petitioner, for the State of Bihar and for the State of Jharkhand. In this writ application, the petitioner, who is a Junior Engineer seeks promotion to the post of Assistant Engineer in the light of recommendation dated 31.1.2001 of the Bihar Public Service Commission where his name figures at serial 77 recommending him for such promotion, subject to vigilance clearance. When the promotion was not forthcoming, despite the recommendation he came to this Court in the present writ application in April, 2002. The Respondent-State of Bihar failed to wake up from its slumber, notwithstanding the same and kept hammering on the issue of vigilance clearance even while recommending the name of the petitioner and specially acknowledging that a post has been kept reserved for him for promotion as Assistant Engineer. While the matter thus has remained pending till the year 2008, consequent to the re-organization of the State of Bihar, the petitioner has now been allocated the State of Jharkhand in the cadre of Junior Engineer. The compilation of the names of persons eligible for promotion presupposed an exercise with regard to their service career. To that extent, the promotion arises out of clear record and for which reason only his case was processed and recommended by the Bihar Public Service Commission. The vigilance clearance referred to and stated to be required thereafter is only a superimposition and would have negated the recommendation, if subsequently anything adverse had been found. This court finds substance in the submission of the petitioner that a presumption arises of absence of anything adverse against the petitioner and that there shall be deemed to be vigilance clearance in his favour. If that be so, he is clearly entitled to be promoted to the post of Assistant Engineer from the date that his junior may have been promoted in pursuance of the recommendation dated 31.1.2001. The petitioner is also entitled to the monetary benefits of the promotional post from the date that his juniors have been promoted as the lapses are attributable exclusively to the Respondent-State of Bihar. Learned counsel Sri Dhruv Mukherjee appearing for the State of Jharkhand submits that it would be a matter of enquiry if vacancy be there in the post of Assistant Engineer in the State of Jharkhand. This Court finds substance in the submission of the petitioner that a post has been kept reserved in the State of Bihar and which naturally must have been the subject of consideration at the time of allocation of cadre. In any event of the matter, this Court is satisfied that the State of Jharkhand is obliged to consider the case of the petitioner appropriately for posting on the post of Assistant Engineer in light of the promotion to the said post deemed to have been granted by the State of Bihar. Normally the order to be passed in promotion matters is to remand the matter back to the authorities for consideration. In facts of the present case, this Court is satisfied that in view of the nature of the conduct of the Respondent-State of Bihar, no useful purpose shall be served by doing so and no fresh issues for reconsideration arises. This Court, therefore, mandates the State of Bihar to issue necessary notification with regard to the petitioner in terms of the recommendation dated 31.1.2001 from the date that his juniors may have been promoted, within a maximum period of 12 weeks from the date of receipt/production of a copy of this order before it. Once such an order is issued by the State of Bihar, quite naturally the State of Jharkhand is obliged to act upon it in accordance with law in light of the aforesaid discussion. The writ application stands allowed. AKS/- (Navin Sinha,J.)