IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4204 of 2008 Jagdish Prasad, son of Late Jang Bahadur Das, Mohalla Naya Bazar, PS and district Siwan – Petitioner. Vs. 1) The State of Bihar through the Secretary, Personnel & Administration, Bihar, Patna. 2) The Dy. Secretary, Personnel & Administration, Bihar, Patna. 3) The Joint Secretary, Rural Engineering Organization, Bihar, Patna – Respondents. 2 18.4.2011 This writ petition was filed for grant of promotion to the petitioner on the post of Under Secretary. The petitioner was working as a Section Officer. It has been stated that the petitioner was working in Dumka before the bifurcation of the State of Bihar. Thereafter in 2005 he was brought back in the State of Bihar and since then he has been performing his duty in Bihar. During the pendency of this writ petition the petitioner has been granted the said promotion vide Annexure 9, annexed with the amendment petition filed on behalf of the petitioner. The only grievance of the petitioner is that the petitioner has been granted promotion to the post of Under Secretary with effect from 4.8.2008, whereas it is the claim of the petitioner that he ought to be granted the said promotion from 3.9.2004 i.e. the date on which persons junior to the petitioner were granted the said benefit. I do not think that there should be an impediment in grant of promotion to the petitioner in view of the fact that others similarly situated to him who in fact were juniors have been given the said benefit from 3.9.2004. I accordingly direct respondent no.2 to take a decision 2 in this matter within a period of three months on receipt of a copy of this order by passing an appropriate order with respect to the facts stated aforesaid. It goes without saying that the petitioner will be entitled to consequential monetary benefits once he has been granted said benefit from 3.9.2004. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J.)