Judgment 1. Writ petitions were filed claiming promotion. Those writ petitions were disposed of on 29.2.2000, annexure 1. The operative portion of the order is as follows : "It is clarified that all officers who were being considered initially by the Departmental Promotion Committee on 17/18th August, 1998 and whose cases were later considered by the Commission at its meeting held on 19th August, 1998 shall be considered for promotion to the post of Engineer-in-Chief even though they may have retired from service in the meantime. In such cases they shall be granted notional promotion and consequential monetary benefits thereof." 2. Pursuant to the order of the court, annexure 1, Bihar Public Service Commission made a recommendation on 17.5.2002, annexure 2. The recommendation with respect to the petitioner is in clause 6 of annexure 2. The recommendation is that the petitioner is entitled to notional promotion from the date of retirement of Ram Dayal Singh and regular promotion with effect from the date of officiating on the said post. 3. Counter affidavit and supplementary counter affidavits have been filed. Annexure B to the supplementary counter affidavit is notification dated 30.3.2004 with respect to the petitioner wherefrom it appears that he has been promoted to the post of Engineer-in-Chief with monetary benefits from 24.1.2000 to 30.6.2003 i.e. from the date he took over charge of Engineer-in-Chief till retirement. Ram Dayal Singh retired on 30.6.1999 but no notional promotion was granted with effect from the date of retirement of Ram Dayal Singh as recommended. Obviously, this notification was issued after retirement of the petitioner and it is not in consonance with annexure 2 as indicated above. The writ petition was adjourned several times at the request of the learned counsel for the respondents but it is unfortunate that the order of the court, annexure 1, as well as recommendation of the Bihar Public Service Commission, annexure 2, could not be complied with. In such a situation, the court has no option but to direct the authority concerned to issue notification in compliance with the order of the court, annexure 1, and in consonance with the recommendation of the Bihar Public Service Commission, annexure 2. Any laches in issuing notification as indicated above would be treated that the respondents are deliberately disobeying the order of this court.
Any laches in issuing notification as indicated above would be treated that the respondents are deliberately disobeying the order of this court. Entire exercise of issuing notification must be completed within three weeks from the date of receipt/production of a copy of this order. 4. The writ petition is disposed of with the direction/observation as indicated above