IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8799 of 2002 MEDNI DAS Versus THE STATE OF BIHAR & ORS ----------- 3. 11.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. No counter affidavit has been filed on behalf of the State. This Court does not consider it prudent to adjourn the matter any further for that purpose. The petitioner seeks relief of a direction for issuance of a formal notification of his promotion to the post of P.A. to Collector Khagaria from the post of Office Superintendent. It is his case that he was given officiating charge on 5.1.1994 when orders for his promotion were issued on the same date. In absence of a formal notification of promotion he continued to receive only officiating allowance. Despite the Commissioner, Munger, having recommended for promotion to the Department of Personnel and Administrative Reforms in 1998 itself the matter remained in abeyance when the petitioner superannuated on 31.12.2000 while holding the post of P.A. to Collector Khagaria in officiating capacity only in absence of the formal notification. This Court considers it proper to dispose of this writ application with a direction to respondents 2 and 3 to consider the issue of officiating promotion granted to the petitioner and if they be otherwise satisfied of his entitlement and eligibility, not only shall the benefits of full salary of the post of P.A. to Collector be available to the petitioner less what was paid to the petitioner in officiating capacity, additionally the respondents shall also be obliged to re-fix his pensionary and retrial benefits of the post of P.A. to Collector. In the event that the respondents propose to deny him the formal promotion to the post of P.A. to Collector or anything beyond officiating allowance, the respondents shall be obliged to pass a reasoned and speaking order after due opportunity to the petitioner. Let the respondents take such appropriate decision in accordance with law within a maximum period of three months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)