IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8433 of 2010 KRISHNA KUMAR DOKANIA, SON OF LATE BIHARI LAL DOKANIA, PRESENTLY RESIDING AT FLAT NO. C-210, SHANTI VIHAR APARTMENT, FRAZER ROAD, POLICE STATION- KOTWALI, PATNA, DISTRICT- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA, P.S.- SACHIWALAYA THANA, PATNA, DISTRICT- PATNA. 2. THE DEPUTY SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE BIHAR STATE HOUSING BOARD THROUGH ITS MANAGING DIRECTOR, 6, BIR CHAND PATEL PATH, POLICE STATION- SACHIWALAYA THANA, PATNA, DISTRICT- PATNA. 5. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, 6 BIR CHAND PATEL ROAD, PATNA. 6. THE SECRETARY, BIHAR STATE HOUSING BOARD, 6 BIR CHAND PATEL ROAD, PATNA. ----------- 3. 22.06.2010. Heard learned counsel for the petitioner, State and the Bihar State Housing Board (hereinafter referred to as the “Board”). 2. Petitioner is aggrieved by 2nd paragraph of the office order bearing Memo No. 234 dated 22.1.2004, Annexure-3, whereunder he has been allowed promotion on the post of Executive Engineer (Civil) in the scale of Rs. 3700-5000/- with effect from 1.1.1993 with direction that he shall be paid the salary in the promoted scale with effect from the date of the order i.e. 22.1.2004. It is submitted on behalf of the petitioner that promotion on the post of Executive Engineer (Civil) has been granted with effect from 1.1.1993 and there is no justification for making payment of salary in the promoted scale with effect from the date of issue of the order i.e. 22.1.2004. In support of such submission learned counsel for the petitioner has relied on the judgment of this Court dated 10.4.1997 passed in C.W.J.C.No. 1631 of 1996 and other analogous matters as contained in Annexure-10 series wherefrom it - 2 - appears that this Court having considered the judgment of the Hon’ble Supreme Court observed that any promotion to which the person concerned was entitled and the same is given at a later date must visit the person concerned with full consequential benefit. If the person was prevented from holding the superior post and perform its function it was only on account of the laches or wrong decision on the part of the authorities. Later, having recognized the claim of the person and given him the promotion from the due date, the authorities cannot turn around and take a stand that he did not discharge the duty of the promoted post and he is not entitled to the pay of the promoted post. Reference in this connection was made to the judgment of the Hon’ble Supreme Court in the case of Alappat Narayan Menon Vs. State of Kerala & Ors., reported in 1977(2) SLR 656 and Dr. Paras Nath Prasad Vs. The State of Bihar & Ors., reported in 1990 (2) PLJR 248. 3. In the light of the judgment of this Court dated 10.4.1997, Annexure-10, I modify paragraph 2 of the office order bearing Memo No.234 dated 22.1.2004, Annexure-3 and direct that petitioner be paid arrears of difference of salary in the scale of Executive Engineer with effect from 1.1.1993, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)