IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11280 of 2002 SURESH PRASAD SINHA Versus 1. THE STATE OF BIHAR. 2. Secretary, Department of Home (Police) Government of Bihar Patna. For the Petitioner : Mr. Ajay Kumar Thakur, Adv. Mr. Imteyaz Ahmad, Adv. For the State : Mr. Anil Kumar Sinha, A.C. to S.C. 12. ----------- 3/ 03/03/2009 Heard learned counsel for the petitioner and learned counsel for the State of Bihar. No counter affidavit has been filed. This Court is not inclined to adjourn the matter for that purpose. The claim in the writ application is for grant of pay scale and pay for the post of Deputy Superintendent of Police. It is the case of the petitioner that he was granted such promotion by an order dated 3.1.1986 which came to be concurred by the B.P.S.C. on 1.3.1990. Thereafter on 5.6.1992, the petitioner, while holding the promotional post of Deputy Superintendent of Police, was placed under suspension. He superannuated on 28.2.1994 when orders of punishment of ‘censure’ came to be passed on 21.12.1998. It is the further case of the petitioner that there was no departmental proceeding pending against the 2 petitioner either on the date of his promotion as a Deputy Superintendent of Police or on the date of concurrence by the B.P.S.C. If that be so, the petitioner is clearly entitled to full benefit of the promotional post from the date of promotion. He appears to have represented before the authorities on more than one occasion, but with no response. He, therefore, retired on the pay-scale of Inspector of Police. This Court requires the respondent No.2 to consider the grievances of the petitioner and pass appropriate orders thereupon, in accordance with law in the following manner:- (1) If the respondent finds no merit in the claim of the petitioner, he shall afford a personal hearing to the petitioner and thereafter pass a reasoned and speaking order; (2) If the respondents find justification in the claim or part of the claim, he shall issue necessary consequential orders for payment of the remaining of the scale of the Deputy Superintendent of Police to the petitioner, less what may have been paid to him. In that event, the respondent shall adequately consider the issue of grant of interest also to the petitioner and that the State Government cannot be saddled with this burden of interest which shall be paid by the State Government, but recovered from the salary 3 of the erring officials on whom the respondent may fix the responsibility after enquiry. Let this order of the Court be complied with within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application is disposed. KC (Navin Sinha, J.)