IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11595 of 2006 RAM NARESH SINGH, Son of Late Ram Ratan Singh, resident of village – Kalyanpur, P.O. – Maksudpur Via Tekari, P.S. – Tekari, District – Gaya. ………. Petitioner. Versus 1. THE STATE OF BIHAR through Chief Secretary having his office in Old Secretariat, P.S. – Sachivalaya, District – Patna. 2. The Commissioner and Secretary, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, District – Patna. 3. The Finance Commissioner, Finance Department having his Office in Old Secretariat, P.S. – Sachivalaya, District – Patna. 4. The Additional Secretary, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, District – Patna. 5. The Joint Secretary, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, District – Patna. 6. The Secretary, Department of Personnel and Administrative Reforms, Old Secretariat, Patna. 7. The Deputy Secretary, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, District – Patna. 8. The Chairman, Bihar Public Service Commission, Bailey Road, Patna. 9. The Accountant General, (A & E) Bihar, Virchand Patel Marg, Patna. …….. Respondents. For the Petitioner : - Mr. Rupak Kumar, Advocate. For the State : - Mr. Vishwambhar Prasad, Adv. For the Accountant General : - Mr. S.P. Kaul, Sr. Advocate. Mr. Parul Ranjan, Advocate. For the B.P.S.C. : - Mr. Sanjay Pandey, Advocate. ----------- 02/ 09.05.2011 Heard counsel for the petitioner, the State, Accountant General and BPSC. A very limited prayer has been made by the petitioner by filing this writ application, which relates to shifting of his date of promotion to the post of 2 Executive Engineer from 16.10.2001 to 31.1.1997 and for making correction in the gradation list by placing him at appropriate place, in between Serial No. 701 and 702. Petitioner’s case is that juniors to him were promoted to the post of Executive Engineer with effect from 31.1.1997 vide order dated 31.1.1997 contained in Memo No. 620. Petitioner’s case was not considered for promotion, only because vigilance clearance had not been taken. Subsequently petitioner represented before the authorities and he was promoted to the post of Executive Engineer vide order dated 16.10.2011 contained in Memo No. 7240, but promotion was given with effect from the date of the order, and not with effect from the date juniors to him were given promotion. Petitioner again represented before the authorities and his date of promotion was modified vide order dated 2.11.2006 contained in Memo No. 12268(S). The date of promotion was shifted to 27.3.1998, but not to 31.1.1997 i.e. the date juniors to the petitioner had been given promotion. Promotion was given only on 3 notional basis as monetary benefits were not allowed to the petitioner. Counter affidavit is completely silent on this point as to why only notional promotion was allowed to the petitioner and why date of promotion has not been shifted to 31.1.1997. Subsequently, the petitioner’s service was allocated to the Jharkhand State and from where he has already retired. No specific reason has been assigned for not giving promotion to the petitioner along with his seniors and juniors and subsequently only allowing promotion to the post of Executive Engineer vide Annexure-4, on notional basis. There is no denial in the counter affidavit so far entitlement of petitioner for such promotion on due date with all consequential benefits. Petitioner is entitled for all consequential benefits arising out of this promotion with effect from the date his juniors have been allowed promotion. So far his position in the gradation list is concerned, admittedly, his junior Dharma Nath Jha is placed at serial no. 702 of the gradation list of Executive Engineers. Petitioner is also required to be placed in 4 between serial no. 701 and 702 in the gradation list of Executive Engineers. This application is being allowed, directing the respondents to shift the petitioner’s date of promotion to the post of Executive Engineer with effect from 31.1.1997 i.e. the date on which junior to him, Dharma Nath Jha was given promotion. Further it is directed that the petitioner’s name be placed in the gradation list of Executive Engineers in between 701 and 702. On account of shifting his date of promotion with effect from 31.1.1997, all consequential benefits attached to the post of Executive Engineer must be paid to the petitioner. The Accountant General is directed to pass necessary order so far the pension of the petitioner is concerned, on account of grant of financial benefits to the petitioner on his promotion to the post of Executive Engineer. DKS/ (Mridula Mishra, J.)