IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1875 of 2008 Ram Chandra Prasad son of Late Bindeshwari Prasad, Resident of Village Tetri P.S.-Balia, District-Begusarai. ………….Petitioner. Versus 1. The State of Bihar 2. Accountant General, Jharkhand, Ranchi 3. Accountant General, Bihar, Patna. 4. The Secretary, Water Resources, Department Government of Bihar, Patna. 5. The Under Secretary, Water Resources Department Government of Bihar, Patna. 6. The Superintending Engineer, Water Resources (Mechanical) Government of Bihar, Patna. 7. The Superintending Engineer, Water Resources Mechanical Circle, Mithapur, Patna. 8. The Executive Engineer, Water Resources Mechanical Division, Jhajha. ……….Respondents. ----------- 02. 22.12.2008 A mistake in giving promotion is discovered by the State after almost thirty years and that too after retirement of the petitioner consequent thereto petitioner’s pensionery benefits are being affected and recovery order to be made. The promotion which is said to be irregularly granted, granted in 1968 and then in 1976. Action for which has now been initiated. In my view, having promoted the petitioner and taken birth from him after such a long time, no such action be permitted because that would be grossly arbitrary. Pension as fixed would continue and no recoveries would be made from the petitioner. Any demand made or evidenced by Annexure-1 stands quashed. The writ petition is allowed. Shageer (Navaniti Prasad Singh, J) - 2 -