IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11513 of 2002 DR.CHANDRA BHAN SHARMA Versus THE STATE OF BIHAR & ORS ----------- 3. 4.3.2009 Heard learned counsel for the petitioner and the State. The relief sought is for regular promotion to the post of Senior Research Officer in the Industrial Waste Disposal and Water Pollution Research Unit of Public Health Engineering Department at Public Health Institute, Patna with effect from 01.01.1989 the date since when he has been given official charge of the post. He retired from the same on 31.1.2002. It is the case of the petitioner that being the senior most person after the retirement of one Dr. S.N. Sinha on 31.12.1988, and because he fulfils the qualification for such promotion, the respondents gave him officiating charge but denied him substantive promotion and full pay. Counter affidavit has been filed on behalf of the respondents. The crux of the counter affidavit is that consideration for promotion and grant of promotion were the absolute unguided power of the respondents and no Government servant could raise an objection on being given ad hoc charge without giving him substantive promotion and that he had no right to receive full salary of the post. - 2 - The respondents seek to rewrite the law of service jurisprudence. The claim of the petitioner stands fully covered by the decision of the Supreme Court in the case of Selva Raj Vs. Lt. Governor of Island, Port Blair and others reported in A.I.R. 1999, S.C. 838. The respondents are obliged to pay him the full salary of the post of Senior Research Officer from 1.1.1989 till superannuation less what he has been paid. The petitioner is entitled to the interest on the difference amount. The interest shall be paid by the State Government to be recovered from the deponent of the counter affidavit who chose to file the counter affidavit despite having no valid defence in the light of statement made in the counter affidavit after pendency of writ application for last seven years. The petitioner shall also be deemed to retired from the substantive post of Senior Research Officer and the respondents shall be obliged to re-fix the pension on the basis of last pay drawn on that post. The writ application stands allowed. P. Kumar (Navin Sinha, J.)