Judgment S. K. Singh, J. 1. The present writ application has been filed for a direction to the Respondents to re-fix the petitioners pension after deciding his claim petition for promotion to Super-time Scale in Bihar Health Service which was pending since 30th June, 1986. Though, the original writ petitioner died during the pendency of the present writ application, the wife and one of the sons have been substituted as petitioners in this case. 2. The petitioner was earlier suspended in the year 1988. However, said order was revoked on 30th January, 1989. Earlier also as the petitioner was not paid his salary from 1st September, 1987 to 31st August, 1988, he had to move this Court by filing C. W. J. C. No.10086 of 1993 seeking direction for payment of salary and pension etc. By filing a counter affidavit in the said writ petition itself it was stated that promotion of the petitioner in Super Selection grade with retrospective effect was already under consideration of the Health department and one post in Supertime scale has been kept reserve for him. 3. In view of said counter affidavit and also after taking into consideration the fact that the petitioner has superannuated on 1-2-1989 this Court by order dated 5th May, 1994 directed the respondents to pay all his retirement benefit within two months along with interest. Though the said amount has been paid but as the husband of the present petitioner No.1 was entitled to payment in the Supertime Scale, said claim was never decided and his pension was not re-fixed after issuing orders of payment in the said scale. 4. Mr. Rameshwar Prasad, learned advocate General appearing for the state has stated that final order has already been passed in favour of the petitioners and a copy of the order has already been issued both to the petitioners and the Accountant general, Bihar. Let a copy of the said order be handed over to the counsel appearing for the Accountant General, bihar in court itself for its communication and compliance. 5. A Bench of this Court while considering the matter on earlier occasion had found that as one post has already been kept in reserve for the petitioner only on the ground that some allegation was pending against the petitioner. No decision was taken for his promotion against that post. 5. A Bench of this Court while considering the matter on earlier occasion had found that as one post has already been kept in reserve for the petitioner only on the ground that some allegation was pending against the petitioner. No decision was taken for his promotion against that post. As there was no proceeding pending at the time of his superannuation or even today, there cannot be any valid reason for withholding promotion merely on the ground that pendency of allegation which is said to be of the year 1986. After adjourning the case for 31st march, 1997, desirability of awarding compensation to the petitioner for delay in finalising of the claim was also to be considered. 6. According to learned counsel for the petitioners though claim of the petitioner has now been finally settled but the original petitioner who should have been beneficiary of the said claim did not like to see the fruits of his labour, due to negligence on the part of the Respondent State, as such, a heavy cost is prayed to be awarded on the respondent State. 7. In the facts of the case, as the claim of the petitioner has finally been allowed, I direct the Respondent including the Accountant General, Bihar to pay the same to the petitioner at the earliest. It is made clear that the sanction order must be sent to the Accountant General, Bihar within a period of two weeks from today if the said has not already been sent to him and the Accountant General, Bihar is further directed to issue the authority slip within a period of one week from the date of receipt/production of a copy of the said order. 8. In view of inordinate delay which has happened in settling the genuine claim of the petitioners, a cost of Rs.1000/- is awarded which should be paid to the petitioner within a period of two weeks from today. 9. Let a copy of this order be handed over to learned Advocate general for its compliance. This writ application is disposed of with the observation and direction as made above. Order Accordingly.