IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10451 of 2003 Ashok Kumar Singh, S/o Late Tileshwar Prasad Singh, Resident of Village Dedaur, P.S. Bakhtiyarpur, District Patna. At present residing at 55, Anand Vihar Colony, Ambedkar Path, Patna. --------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Personal and Administrative Reforms Department, Government of Bihar, Old Secretariat, Patna. 3. Additional Secretary, Personnel and Administrative Reforms, Bihar, Patna. 4. The Deputy Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Old secretariat, Patna. 5. Joint Secretary, Personnel and Administrative Reforms, Bihar, Patna. 6. The Director, General Provident Fund, 4th Floor, Pant Bhawan, Bailey Road, Patna. 7. The Accountant General (A&E) IInd, Bihar, Birchand Patel Marg, Patna. --------- Respondents ----------- 5 13.1.2010 Heard Mr. Amar Nath Deo, learned counsel for the petitioner and counsel for the State. This writ application was initially filed by Tileshwar Prasad Singh (hereinafter referred to as “the original petitioner”) for the following reliefs:- 1(i) For issuance of a writ in the nature of certiorari for quashing of the entire proceeding appearing to have been initiated on the basis of a memorandum bearing No. 12780 dated 5.10.88 whereby an enquiry had been proposed under Rule 55 of Civil Services (Classification, Control and Appeal) Rules regarding certain charges and the petitioner had been directed to show cause and furnish his defence against those charges which 2 had been appended to the aforesaid memorandum. (ii) For quashing order contained in letter No. 9576 dated 4.9.96 whereby the petitioner had been informed that his defence against the charges had been considered and the charges had been proved and that the Government had decided to deduct 10% of his pension for which he had been asked to show cause and direct the respondents to release full pension and post retrial benefits to the petitioner. (iii) For quashing of order dated 21.8.2000 as contained in Memo No. 6779 issued by Respondent No.3 directing the Accountant General to deduct an amount of Rs. 12,190.00 (Twelve thousand one hundred ninety) only from the admissible gratuity of the petitioner and issue direction to pay the said amount to the petitioner. (iv) For quashing of order dated 3.4.93 as contained in letter No. 3406 whereby the petitioner had been found guilty of neglecting Government Jeep No. B.H.I. 1297 along with his predecessor Sri Lucas Dahanga and the cost of repairing of the said vehicle was directed to be recovered from both the officers. (v) For quashing the entire proceeding arising out of show cause dated 25.4.88 as contained in letter No. 4377 on account of neglect of Govt. Jeep bearing No. BHI-1297 which was requisitioned and used by the 3 petitioner’s predecessor from the statistics Department for maintenance of law and order in the Sub-Division where they were posted. (vi) For a direction to the respondent authorities to calculate the post retrial benefits after granting him his promotion which was due to him to the rank of Senior Super Selection Grade which was granted to others but denied to him on account of the pendency of the aforesaid so called enquiry which never took place for no fault of the petitioner.” The original petitioner however had died during pendency of this writ application on 30.3.2007 and has been substituted by his son, the present petitioner, namely, Ashok Kumar Singh by an order dated 21.8.2007 in I.A. No. 4497 of 2007. The said original petitioner was a member of the Bihar Administrative Service and in normal course had superannuated on 31.1.1993, but the tragedy for him was that even after his retirement, his pensionary benefit was not finalized and he was allowed to continue on 90% pension on the ground of pendency of the departmental proceeding. It, however, appears that ultimately, the respondents woke up from deep slumber and had closed the departmental 4 proceeding, whereafter, his pensionary benefit to the tune of 100% in the pay-scale he was made to retire was also paid as would be apparent from the first counter affidavit filed by the respondents, wherein, a government decision dated 21.8.2000 was sought to be communicated to the Accountant General to this effect. The original petitioner, therefore, had to undergo mental and financial constrain for a period of eleven years even in earning his full pension. The respondents, in fact, after issuing the order dated 21.8.2000 had again consumed more than two years time in coming to a conclusion that as the departmental proceeding against the original petitioner had come to an end, he was entitled for the promotion given to his juniors and it was only on 16.12.2006 that the original petitioner was given promotion in the rank of Joint Secretary and/or its equivalent post in the pay-scale of Rs. 4100- 5300/- with effect from 1.1.1993. It is obvious that had the departmental proceeding against the original petitioner be not kept pending, he ought to have got such promotion in his life time and during continuance of his service. No 5 explanation has been given in the counter affidavit as with regard to the denial of such promotion though substantially there may be some justification for the respondents not to give such promotion to the petitioner on account of the pendency of the departmental proceeding relating to causing financial loss to the Government on account of misuse/deterioration of a government jeep for which he was subjected to an order of punishment by way of recovery of rupees 12,190/- vide office order dated 3.4.1993. This Court, however, will proceed that the said order dated 3.4.1993 was not a punishment because ultimately the respondents have given promotion to the original petitioner with effect from 1.1.1993 and accordingly, it has to be held that the petitioner had a clean service history on the basis of which he could earn his promotion with effect from 1.1.1993. In that view of the matter, though the prayer made in this writ application by the original petitioner and now being pressed by the substituted petitioner has become academic and infructuous but then one of the grievances of 6 the substituted petitioner need to be noticed that his father could not get the benefit of such promotion even when he was ultimately promoted after thirteen years of his retirement. In this regard it has been submitted by Mr. Deo that financial benefit of such retrospective promotion could have still been given either to the original petitioner or to his dependents including substituted petitioner. This aspect of the matter, however, has not been addressed by the respondents in their counter affidavit, inasmuch as, the order of promotion itself has been passed during pendency of this writ application. The said order of promotion, in fact, does not deprive the original petitioner from getting the monetary benefit and as such, this Court would direct the respondents to make payment of the difference of salary and emoluments for the period 1.1.1993 to 31.1.1993 by recalculating the salary of the original petitioner in the promotional pay-scale of Rs. 4100-5300/- and thereafter, recalculate the entire pensionary benefit on the basis of last salary payable to the petitioner in capacity of Joint Secretary or any equivalent 7 post as per order of promotion dated 16.12.2006. The payment of arrear of salary and retirement benefit on the basis of order of promotion dated 16.12.2006 must be made to the petitioner within a period of six months from the date of receipt/production of a copy of this order. In view of the fact that had this writ application been not filed, the respondents would have neither settled the final pension as was done only on 21.8.2004 nor the order of promotion dated 16.12.2009 could have been issued, this Court must hold that in the given case, the petitioner is also entitled to the cost which is quantified as Rs. 10,000/- which also must be paid within the aforesaid period of six months. With the aforesaid observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)