IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5542 of 2008 GARBHU MANDAL, SON OF LATE RAJESHWAR MANDAL, RESIDENT OF VILLAGE HARME, P.S. HARLAKHI, DISTRICT MADHUBANI AT PRESENT POSTED AS SUB- DIVISIONAL WELFARE OFFICER AT UDAKISHANGANJ, DISTRICT MADHEPURA. ---- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY, WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE JOINT SECRETARY, GOVERNMENT OF BIHAR, WELFARE DEPARTMENT, PATNA. 3. THE DIRECTOR, WELFARE DEPARTMENT, BIHAR, PATNA. ----------- 2 13.5.2011 The petitioner has filed this writ application praying that he may be granted regular promotion and salary for the post on which he is claiming promotion. The case of the petitioner is that the gradation list was published on 2.11.1993 with respect to Block Welfare Officers of the State. The petitioner’s name finds place at serial no. 129. The petitioner is aggrieved by the fact that although he is senior to other promoted persons who have joined much later than the petitioner, are getting the scale of the higher post. It has been emphasized that the petitioner is working as a Sub-divisional Welfare Officer, a higher post, in his own pay scale since 1999 whereas juniors who are also working on the said post have been granted the scale on 25.8.1998 ignoring the case of the petitioner. The petitioner refers to Annexure-5 issued by the Deputy Secretary in which it has been stated that the Deputy Secretary had referred the case of the petitioner but had taken no action in granting the petitioner scale to which he was entitled. In view of the statements made in this writ application, this Court directs the Joint Secretary, Welfare Department, 2 Government of Bihar to consider the case of the petitioner with respect to payment of salary for the post of Sub-divisional Welfare Officer, if he has been regularly promoted to the said post. For the aforesaid purpose the petitioner may file a representation before respondent no. 2 who will dispose of the matter by passing a speaking order within a period of three months on receipt of the representation, if no such relief has been granted till the date of passing of this order. This writ application is disposed of with the aforesaid directions. Sanjay ( Sheema Ali Khan, J.)