IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14110 of 2009 1. ARJUN PASWAN S/O LATE CHHOTAN PASWAN LIG 10/344, HANUMAN NAGAR, KANKARBAGH, P.S- PATRAKAR NAGAR, DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHWESHARAIYA BHAWAN, PATNA 2. THE FINANCE COMMISSIONER FINANCE DEPARTMENT, OLD SECRETARIAT, PATNA 3. THE JOINT SECRETARY ROAD CONSTRUCTION DEPARTMENT, VISHWESHARAIYA BHAWAN, PATNA 4. THE DEPUTY SECRETARY ROAD CONSTRUCTION DEPARTMENT, VISHWESHARAIYA BHAWAN, PATNA ----------- 2. 6.11.2009 Heard learned counsel for the petitioner and the State. The claim is for full salary on the post of Superintending Engineer whose duties the petitioner has been asked to perform in addition to his duties on the substantive post as an Executive Engineer. Learned counsel submits that the petitioner has been discharging duties of a Superintending Engineer since 3.12.2004 till 12.1.2009, when before his superannuation on 31.3.2009, he was divested of the powers of the Superintending Engineer for oblique reasons. Statement is made at the bar that the petitioner fulfilled the requirement for promotion to the post of Superintending Engineer but it was only by a subterfuge that the promotion was denied so as not to entitle him for full benefit of the post of Superintending Engineer. Reliance for the purpose is placed on a Division 2 Bench judgment of this Court reported in 2008(3) PLJR 144. Unfortunately, the foundational facts required in the writ application have come as a statement at the bar. This Court therefore finds it difficult at this stage to pass any positive orders more so without a counter affidavit. The writ application is disposed with direction to respondent no. 1 to consider the claim of the petitioner in light of the judgment of this Court as referred to above. It shall be open for the petitioner to file any further representation for the purpose before respondent no. 1, if he so desires. Let such consideration and decision by respondent no. 1 be done within a maximum period of three months from the date of receipt/production of a representation before him. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)