D.G.R. Patnaik, J.

1. Petitioner has prayed for issuance of a writ of mandamus against the respondents commanding them to give retrospective effect to the promotion of the petitioner to the post of Associate Professor in Neuro Surgery from the date the petitioner was awarded degree of M.Ch in Neuro Surgery i.e. from 1.12.1989 and further, to promote the petitioner to the post of Professor in Neuro Surgery taking into consideration the retrospective promotion of the petitioner to the post of Associate Professor and counting the teaching experience of the petitioner, from the date of retrospective promotion i.e. 1 st December 1989 and likewise, for direction to the respondents to promote the petitioner to the post of Professor in Neuro Surgery with effect from 31.1.1994 i.e. the date on which the post of professor in Neuro Surgery fell vacant and to pay the salary of the retrospective post from those dates.

2. An interlocutory application was filed by the petitioner on 13.09.2005 seeking permission for amendment in the prayer of the writ application in order to enable him to challenge the clause in notification No. 121(2) dated 06.05.2004 (Annexure-10) issued by the Department of Health, Government of Jharkhand. It is explained in the interlocutory application that during the pendency of the writ application, petitioners representation was considered by the Health Department, Government of Jharkhand and the petitioners claim for his promotion was allowed by the aforesaid notification (Annexure-10) whereby the petitioners promotion with retrospective effect from 1.2.1994 was allowed

but with a clause that the monetary benefits shall however be admissible from 15.11.2000 only. Petitioner has challenged the aforesaid clause in the notification in respect of the date from which the monetary benefits has been declared as admissible to him. It is also explained that the petitioner has superannuated from service during the pendency of this writ application on 31.7.2003. Earlier, vide notification No. 142(17) dated 15.05.1996 petitioner was granted promotion by the respondents on 19.01.1996 to the post of Associate Professor, though he being possessed with all requisite qualification, was eligible for the post since 01.12.1989. Likewise, he was granted promotion to the post of Professor with effect from 3.4.2002 vide notification No. 36(2) dated 03.04.2002 and that too, without any monetary benefits, though he was entitled for promotion to the post of Professor from the date it had fallen vacant since 31.1.1994.

3. Subsequent to the above notification, petitioner had represented before the respondents on 12.4.2004 for making necessary correction in respect of the date of promotion and also for allowing monetary benefits from the date when the petitioner became eligible. Petitioners claim is that the respondents while granting promotion to the petitioner, cannot deprive him from the retrospective monetary benefits by putting a cut off date as 15.11.2000 and such action on the part of the respondents is arbitrary, unreasonable, unjustified and mala fide and, therefore, is liable to be set aside.

4. Learned Counsel for the petitioner explains that the instant application was filed on 25.7.1997 claiming relief (s) against the State of Bihar through the Commissioner-cum-Secretary, Medical Education, Department of Health, New Secretariat Building, Patna as respondent No. 1. Petitioner was posted at the relevant time in Rajendra Medical College, Ranchi as Associate Professor of Neuro Surgery and had rendered continuous service since the date of his appointment in the said college and from where he eventually superannuated on 31.7.2003. In the writ application, petitioner had sought for a writ of mandamus to be issued against the respondents to give retrospective effect to the petitioners promotion to the post of Associate Professor in Neuro Surgery from the date the petitioner was awarded qualifying degree of M.Ch in Neuro Surgery i.e. from