IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.3586 OF 2008 MD.SAGIR AHMAD, SON OF LATE MD. FAZIUR RAHMAN, RESIDENT OF 102, B-BLOCK, NOOR APARTMENT, G.D.MISHRA PATH, NEW PATLIPUTRA COLONY, POLICE STATION PATLIPUTRA COLONY, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE COMMISSIONER –CUM- SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, DEPARTM ENT OF URBAN DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 4. THE UNDER SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 5. THE PATNA MUNICIPAL CORPORATION, THROUGH ITS CHAIRMAN 6. THE MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPORATION, PATNA 7. THE ACCOUNTANT GENERAL, BIHAR, BIRCHAND PATEL MARG, PATNA ******** 5 04/05/2011 Counsel for the petitioner is permitted to add the Accountant General, Bihar as respondent no. 7 in this case. He is also directed to serve a copy of the writ application on the Counsel appearing on behalf of the Accountant General. The petitioner retired in the year 1996. The petitioner was claiming that he should be granted promotion to the post of Town Planner and subsequently also to the post of Chief Town Planner. Both the promotions were granted after his retirement. The order granting promotion is contained in Annexure-2 dated 13th March, 1997 in which it has been stated that the petitioner has been granted notional promotion with effect from 08.10.1983. This order mentions that the 2 petitioner would not be entitled to monetary benefits. In a case of this nature, where promotion is due to a person and he has not been granted promotion because of latches on the part of the respondent- departments of the State, it cannot be held that he would not be entitled to the monetary benefits. In fact, it has been held by this Court in several cases including the case of Hindustan Steel Limited vs. R. C. , 1990 PLJR (2) 248, that in such matters, the person concerned would be entitled to the monetary benefits. In the result, I direct the Commissioner –cum- Secretary, Department of Urban Development, Government of Bihar, Patna to pass an order granting monetary benefits to the petitioner. The retiral dues of the petitioner would have to be re-calculated by the Accountant General. The arrears of salary should be paid to the petitioner within a period of four months by passing the necessary orders on receipt/production of a copy of this order before him. This writ application is accordingly allowed. Anand ( Sheema Ali Khan, J. )