IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.282 of 2007 ==================================================== RAMASHISH SINGH, SON OF LATE SHIVDAHIN SINGH, RESIDENT OF 406, RENTAL FLAT, P.O.- LOHIA NAGAR, P.S. KANKARBAGH, PATNA- 20. :---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE CHIEF SECRETARY, OLD SECRETARIAT, GOVERNMENT OF BIHAR, PATNA. 3. THE SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 4. THE DEPUTY SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 5. THE JOINT SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 6. THE SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 7. THE SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA :---RESPONDENTS. ==================================================== Appearance : For the Petitioner: MR. MADHUSUDAN KUMAR, ADVOCATE. For the Respondents: MR. MRIGENDRA KUMAR, A.C. TO S.C.-10. ==================================================== 02. 12.07.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order of the Personnel and Administrative Reforms Department bearing Letter No. 718 dated 23rd March, 2006, Annexure-1, whereunder his request for payment of arrears of difference of salary of the promoted post of Deputy Secretary for the period between 30.6.1995, the date of grant of retrospective promotion till the date of assuming charge of the post of Deputy Secretary i.e. 31.1.1996 has been rejected on the 2 ground that during the said period he having not discharged the duties of the Deputy Secretary, is not entitled for such monetary benefit. Earlier petitioner had filed C.W.J.C.No. 2971 of 2004, praying inter alia, to direct the State-respondents to consider his case for promotion on the post of Deputy Secretary with effect from the date 30.6.1995 on which his other junior colleagues were so promoted. This Court taking into account the earlier order dated 08.01.2004 passed in C.W.J.C.No. 2531 of 1999, Annexure-5 disposed of C.W.J.C.No. 2971 of 2004 under orders dated 11.10.2004, Annexure-2 directing the State-respondents to consider the case of the petitioner for promotion on the post of Deputy Secretary with retrospective effect i.e. 30.6.1995, the date on which his junior colleagues were so promoted. In the light of the order dated 11.10.2004 passed in C.W.J.C.No. 2971 of 2004 the State- respondents considered the case of the petitioner for promotion on the post of Deputy Secretary with effect from 30.6.1995 and promoted him from the said date under notification bearing Memo No. 2452 dated 24th November, 2005, Annexure-A to the counter affidavit. Inspite of issue of the aforesaid notification petitioner was not paid the arrears of difference of salary of the promoted post of Deputy Secretary for the period between 30.6.1995 till 31.1.1996 on the ground that 3 he took charge of the post of Deputy Secretary with effect from 01.02.1996. Petitioner being not responsible for not considering his case for promotion from the due date i.e. 30.6.1995 had to move this Court for a direction to the State-respondents in C.W.J.C.No. 2971 of 2004 which was disposed of under orders dated 11.10.2004 directing the State- respondents to consider the case of the petitioner for promotion on the post of Deputy Secretary with effect from the date his junior colleagues were so promoted. In the light of the said order dated 11.10.2004 notification dated 24.11.2005, Annexure-A to the counter affidavit having already been issued promoting the petitioner on the post of Deputy Secretary with retrospective effect i.e. 30.6.1995, petitioner being not responsible for not considering his case for promotion on the post of Deputy Secretary from the due date, as such, he cannot be held responsible for not discharging the duties of the Deputy Secretary for the period between 30.6.1995- 31.1.1996. 3. Falling in line with earlier orders of this Court passed in C.W.J.C.No. 5278 of 1996, 4541 of 1997, 4141 of 1997 directing payment of arrears of difference of salary of the promoted post with effect from the retrospective date of promotion, I direct the State-respondents to pay the arrears of difference of 4 salary of the promoted post of Deputy Secretary to the petitioner with effect from 30.6.1995-31.1.1996, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the competent authority. In view of my direction aforesaid, I proceed to quash the order dated 23rd March, 2006, Annexure-1. 4. The writ application is, accordingly, allowed. P.K.P. (V.N.Sinha,J.)