ORDER : Heard Mr. N. K. Pasari, learned counsel for the petitioner as well as Mr. Abhijeet Kumar Singh, learned counsel appearing for the Respondent-JUVNL. 2. In the accompanied writ application, the petitioner has sought for direction upon the respondents to consider his case for promotion in terms of the Resolution dated 28.05.2007 from the post of Legal Supervisor-I to Law Officer and the petitioner has further prayed for quashing of the order dated 21.10.2011, passed by the learned Secretary, Jharkhand State Electricity Board in pursuance to the order passed by this Court, dated 28.07.2011 in W.P. (S) No. 2861 of 2008. Further prayer of the petitioner is to direct the respondents to treat the promotion of the petitioner with effect from 24.04.2005 when the petitioner had completed the period of Kalawadhi and to grant promotion to the petitioner in terms thereof. 3. Bereft of unnecessary details, the brief facts, as has been delineated in the writ application are that the petitioner was initially appointed as a Legal Supervisor Grade-I under the Scheduled Caste category in the year 2000. The Resolution dated 23.10.1999 of the Bihar State Electricity Board envisages time limit for promotion from one post to another for the Scheduled Caste, Scheduled Tribe and other Backward Classes. So far as the aforesaid resolution is concerned, period of eight years for grant of promotion was provided and so far as Scheduled Caste and Scheduled Tribe candidates are concerned, one year relaxation was given for grant of promotion. After bifurcation of the erstwhile State of Bihar, the services of the petitioner fell under the jurisdiction of the State of Jharkhand. After qualifying the period/Kalawdhi, the petitioner submitted representation for promotion from the post of Legal Supervisor Grade I to Law Officer in terms of the Resolution dated 23.10.1999 in view of the fact that after coming into force the new Resolution dated 28.05.2007, earlier Resolution dated 23.10.1999 was superseded. By virtue of the new Resolution, the minimum qualifying period of promotion from one post to another in the legal wing has been reduced from 8 years to 6 years and in case of Scheduled Caste/Scheduled Tribe candidates, yet again one year relaxation was given and in effect 5 years minimum qualification has been finalized. By virtue of the new Resolution, the minimum qualifying period of promotion from one post to another in the legal wing has been reduced from 8 years to 6 years and in case of Scheduled Caste/Scheduled Tribe candidates, yet again one year relaxation was given and in effect 5 years minimum qualification has been finalized. It has been averred in the writ application that in pursuance to the new Resolution, similarly situated employee, one Ashok Kumar Mishra under the General category has been given promotion from the post of Legal Supervisor Grade I to Law Officer, as evident from Annexure-6 to the writ petition and thereafter, basing on the new Resolution, the petitioner has been granted promotion as Law Officer with effect from 11.10.2008. Being aggrieved by the delayed promotion, the petitioner vide W.P. (S) No. 2861 of 2008 has prayed for antedating his promotion from 11.10.2008 to the year 2005 and the aforesaid writ application was disposed of with liberty to the petitioner to file representation before the competent authority and in pursuance to the order passed by this Court, impugned order vide Annexure-14, has been passed by the respondents. Being aggrieved by the aforesaid order vide Annexure-14, the petitioner has filed the instant writ petition under Article 226 of the Constitution of India for redressal of his grievances. 4. Learned counsel for the petitioner has submitted with vehemence that the respondents have been misconstruing the Resolution dated 28.05.2007 vide Annexure-5. So far as the impugned order vide Annexure-14 is concerned, it is bereft of cogent reasons and on that score also, the impugned order is liable to be interfered with. Learned counsel further submits that no reason has been assigned by the respondents as to why the similarly placed employee has been granted promotion in the light of the new Resolution, whereas, the petitioner has been subjected to hostile discrimination. 5. Controverting the averments made in the writ application a counter affidavit has been filed by the respondents justifying the impugned order vide Annexure-14 to the writ application. 6. Learned counsel for the respondents has submitted that the Resolution dated 28.05.2007 has been applied prospectively and it could not have been applied retrospectively, therefore, there is no infirmity or illegality in the impugned order, passed vide Annexure-14 to the writ application. 7. 6. Learned counsel for the respondents has submitted that the Resolution dated 28.05.2007 has been applied prospectively and it could not have been applied retrospectively, therefore, there is no infirmity or illegality in the impugned order, passed vide Annexure-14 to the writ application. 7. However, to a pointed query, as to why the case of the petitioner was not considered, at least from the date when the Resolution has came into effect i.e. on 28.05.2007, learned counsel for the respondents has failed to make any convincing reply. 8. After hearing the learned counsel for the respective parties and on perusal of the records, this Court feels inclined to interfere in the impugned order in view of the following facts and reasons: - (i) Admittedly, the Resolution dated 23.10.1999 of the Bihar State Electricity Board has been superseded by the Resolution dated 28.05.2007, whereby the minimum qualifying service has been reduced from 8 years to 6 years and in case of Scheduled Caste and Scheduled Tribe, one year less is required. (ii) As per the Broad sheet of Legal Supervisor Grade I for promotion to the post of the Law Officer, the petitioner has completed his Kalawadhi on 24.04.2005. On the said date, the Circular dated 23.10.1999 was very much in existence. As it appears, the petitioner has been promoted vide order dated 11.10.2008, therefore, it is quite evident that the petitioner has fulfilled the criteria for promotion from the post of Legal Supervisor Grade I to the post of the Law Officer. On perusal of the impugned order, it transpires that the reasons assigned therein, does not appear to be rationale on the ground that no reason whatsoever has been assigned as to why the case of the petitioner has not been considered from the date of coming into force of the Resolution dated 28.05.2007. In that view of the matter, the impugned order vide Annexure-14 being unsustainable, is quashed and set aside. 9. In that view of the matter, the impugned order vide Annexure-14 being unsustainable, is quashed and set aside. 9. The writ petition is disposed of with direction to the respondents more particularly, the Secretary, Jharkhand State Electricity Board (Respondent No. 2) to consider the case of the petitioner for promotion from the post of Legal Supervisor Grade I to the post of Law Officer in accordance with the Resolution Dated 28.05.2007 vide Annexure-5 and the case of the petitioner for antedating his promotion from 11.10.2008 to 28.05.2007 in the light of the aforesaid Circular and pass appropriate order in accordance with law and extant provisions within a period of 8 weeks from the date of receipt/production of a copy of the order. 10. With the aforesaid direction, the writ petition stands allowed. Petition allowed.