IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13581 of 2009 RAM SWARATH SHARMA Versus THE STATE OF BIHAR & ORS ----------- 2. 27.10.2009 Heard learned counsel for the petitioner and the State. The relief claimed is for grant of benefits of the assured career progression scheme brought into effect from 9.8.1999 and consequent grant of new pay scales with monetary benefits already granted to his junior. The petitioner is stated to have retired on 31.10.2008. He is stated to have filed a representation on 14.10.2008. On record to the writ petition, there is a Government letter dated 25.8.2008 bearing no. 1816 issued by the Deputy Director-cum-Assistant Public Information Officer recommending that the petitioner was fit and eligible to be considered for grant of such benefit. Learned counsel for the State from paragraph 2 of the said letter points out that the case of the petitioner could not be considered for want of certain official documents as it appears therein. A Government servant has a right to be considered for promotion. The consideration is to be done by the authorities based on their own records. They cannot take advantage of their own deficiency in obtaining or placement of service records of a Government servant and then deny him consideration on that 2 ground. That would clearly be arbitrary. This writ application is disposed with directions to decide the representation of the petitioner in light of the Government recommendation dated 25.9.2008 as also the subsequent materials placed by the petitioner in his representation by a reasoned and speaking order within a maximum period of three months from the date of receipt and/or production of a copy of this order. It is expected that if the petitioner is found eligible, necessary consequential monetary benefits including revision of retiral benefits, shall be fairly done by the Respondents without compelling the petitioner to have to approach this Court again, which may be viewed seriously. If the Respondents propose to hold that the petitioner is not entitled to the benefit, they shall be required to furnish reasons and grant him personal hearing and then pass a reasoned and speaking order to facilitate judicial review of the same, should the need arise. AKS/ (Navin Sinha, J.)