IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4070 of 2010 1. SUBEDAR CHATURVEDI S/O LATE KAPILDEO CHATURVEDI R/O VILL.- DARAWA, P.O. & P.S.- MOHANIA, DISTT.- KAIMUR, BHABHUA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY WATER RESOURCE DEPARTMENT, SINCHAI BHAVAN, BAILEY ROAD, PATNA 2. THE ENGINEER-IN-CHIEF WATER RESOURCE DEPARTMENT, SINCHAI BHAVAN, BAILEY ROAD, PATNA 3. THE DEPUTY SECRETARY WATER RESOURCE DEPARTMENT, SINCHAI BHAVAN, BAILEY ROAD, PATNA 4. THE CHIEF ENGINEER CENTRAL DESIGN, WATER RESOURCE DEPARTMENT, ANISABAD, PATNA 5. THE ACCOUNTANT GENERAL, BIHAR, PATNA ----------- 02. 24.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. While the petitioner was a Junior Engineer, he was suspended on 21.03.1990 and charge-sheeted. On account of the pendency of the departmental proceedings, grant of Senior Selection Grade and Super Selection Grade on the post of Junior Engineer was kept in abeyance, even while the juniors were granted the same. He was dismissed from service on 5.03.1992. It came to be set aside and the matter remanded with liberty to proceed afresh in C.W.J.C. No. 2603 of 1992. In the meantime the petitioner became eligible to be considered for promotion to the post of Assistant Engineer which was directed to be kept reserved for him subject to the result of the departmental proceedings even while his juniors were promoted. He was again dismissed from service from 2 31.10.1993. It was again set aside on challenge in C.W.J.C. No. 2866 of 1993 with directions to proceed afresh. The petitioner was then dismissed finally on 29.8.1997. The appeal preferred by the petitioner was dismissed on 3.3.2000. During the pendency of the litigation he retired on 31.1.2001. C.W.J.C. No. 4718 of 2000 questioning the order in appeal came to be allowed and the orders of punishment dated 29.8.1997 and the appellate order dated 3.3.2000 was set aside. The short submission now is that in view of the punishment having been set aside, the petitioner is required to be considered for grant of Senior Selection Grade and Super Selection Grade as Junior Engineer from the date that his juniors were granted the same and also the promotion to the post of Assistant Engineer from the date that his juniors have been promoted. Learned counsel for the State very fairly submits that in view of the order of this Court in C.W.J.C. No. 4718 of 2000, the claim of the petitioner merits such consideration. The last paragraph of the order of the court reads as follows. “In these circumstances, writ applications are allowed. The orders of the appellate authority as well as of disciplinary authority are set aside. It is declared that the enquiry report is a 3 product of total non-application of mind and based on surmises and conjectures. Petitioners shall be forthwith reinstated. It is declared that the petitioners were prevented from discharging their duties attached to their posts for the illegal orders passed by the disciplinary authority as well as the appellate authority.” The respondents are directed to consider the claims of the petitioner as aforesaid and grant him the benefits including monetary on all three aspects within a maximum period of four months from the date of receipt/production of a copy of this order. The application stands allowed. P.K. ( Navin Sinha, J.)