IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1421 of 2001 SHRI AKHAURI HARENDRA NR.SINHA Versus THE STATE OF BIHAR & ORS ----------- 3/ 28/8/2008. Heard learned counsel for the petitioner and learned counsel for the State. In this application for promotion learned counsel fairly submits that the relief of Junior Selection Grade has been granted with effect from 1.5.1995. The Kalabadhi to be considered for promotion to the post of Deputy Director in the Department of Agriculture was five years which the petitioner consequently completed in May, 2000. He retired on 31.7.2002 and is therefore clearly eligible to be considered for the promotional post. The counter affidavit filed in the year- 2002 does not dispute the eligibility of the petitioner for consideration, but suggests that even while the matter is pending consideration, it has to be in accordance with law. The only appropriate order to be passed now is to direct the respondents to take a final decision for the promotion of the petitioner to the post of Deputy Director, in - 2 - accordance with law, and grant him such promotion from the date that his juniors may have been promoted. Needless to add that the petitioner shall be entitled to full consequential monetary benefits of such promotion. He shall also be entitled to the re- fixation and grant of consequential monetary benefits of his pension and other retiral dues. Let the compliance on both counts be done within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands allowed. KC ( Navin Sinha,J )