IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3926 of 2009 Chaurasia Chandra Shekhar Azad . Versus The State Of Bihar & Anr . ----------- 2. 18.07.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner at the relevant point of time was Dy. S. P.. His juniors are stated to have been promoted to the post of Senior Dy. S. P. on 19.7.2007 when he was denied the benefit on account of non availability of his ACR. Subsequently on 27.6.2008 he has been promoted as Senior Dy. S. P. from 16.12.1996 when his grievance with regard to his status above his juniors have also been redressed. Subsequently his juniors were promoted as Additional S.P. in the year 2008 with effect from 2001. On a representation by him his grievance has also been redressed when he has been given such promotion with effect from 2001 by a notification dated 6.8.2009. Subsequently, he has been selected for promotion in the Indian Police Service and is presently a Superintendent of Police. The grievance of the petitioner is that the delay in consideration of his claim and grant of consequent promotion to the post of Senior Dy. S.P. and ASP is attributable to the respondents alone. If that be so they cannot deny him the financial benefits of the promotions with retrospective effect on the plea that he had been given two promotions within one year and thereby take advantage of their own lapse in grant of delayed promotion. Learned Counsel for the respondents contended that he has been granted two promotions from Senior Dy. S.P. to ASP within a span of one year and therefore he is not entitled to financial emoluments. Counsel for the petitioner submits that the juniors have also been granted two promotions in one year. Reliance is placed on a Division Bench judgment of this Court in the case of Dr. Parash Nath Prasad Vrs State of Bihar (1990 (2) PLJR 248 that a person is entitled to arrears of salary for a belated promotion denied to him for no justifiable reason. The Division Bench at paragraph 19 noticed the objection of the State with reference to Rule 58 of the Bihar Service Code but did not uphold the same relying on the judgment of the Supreme Court extracted therein. No Rule or instruction has been cited that monetary benefit was to be denied in the circumstances. The writ application is allowed in similar terms and the petitioner is held entitled to arrears of salary for the promotional post from the date that promotion has been granted to him on the post of Senior Dy.S.P. and ASP. Let the order be complied with preferably within a maximum period of four months from the date of receipt and/or production of a copy of this order. Snkumar/- (Navin Sinha,J.)