IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1659 of 2005 KUNJ BIHARI TIWARY, son of late Ribeni Tiwary, resident of village Mohamada, Police Station Patahi, District East Champaran Versus 1. THE STATE OF BIHAR 2. The Divisional Commissioner, Patna Division, Patna 3. The Commissioner, Water Resources Department, Government of Bihar, Patna 4. The Chief Engineer, Water Resources Department, Dehri 5. The Superintending Engineer, Water Resources Department, Sone Highway Canal Circle, Sasaram 6. The Treasury Officer, Sasaram, Rohtas 7. The Accountant General, Birchand Patel Marg, Patna 07/ 17.03.2010 In compliance of my order dated 17.2.2010, the State counsel has filed counter affidavit, which is taken on record. During the pendency of the writ application, the orders impugned in the writ case were withdrawn by the State authorities in the light of the fresh order passed by the Chief Engineer dated 22.2.2005 and 8.7.2005, as contained in Annexures-6 and 5 to I.A. Nos. 6220 of 2007 and 5821of 2005. Having perused the two orders, it is evident that petitioner has been allowed first time bound promotion on the post of Tracer taking into account the service rendered on the said post, as is evident from the order dated 22.2.2005, Annexure-6. The apprehension of the learned counsel for the petitioner that the service rendered by the petitioner on the post of Peon shall not be taken into account for calculation of retiral benefit, appears to be misconceived as promotion on the post of Tracer may be not in accordance with law, but as he has already superannuated, the authorities have not chosen to cancel the said promotion, as is evident from order dated 22.2.2005, Annexure-6 and in the light of such fact, I dispose of the writ application with direction to the State respondents - 2 - to grant the petitioner the terminal benefit taking into account the entire service rendered by him i.e. on the post of Peon and Tracer within a reasonable time, in any case within three months from the date of receipt/ production of a copy of this order. Arjun/ (V.N. Sinha, J.)