JUDGMENT : Sanjay Kumar Dwivedi, J. 1. Heard Mr. Saurabh Shekhar, learned counsel appearing for the petitioner and Mr. Rakesh Kr. Roy, learned A.C. to S.C.-I appearing for the respondents. 2. The present writ petition has been preferred by the petitioner for quashing the letter dated 06.12.2013 issued under the signature of Deputy Secretary, Drinking Water and Sanitation Department, whereby the representation filed by the petitioner for granting him regular promotion to the post of Executive Engineer with effect from the date from which he has been made in charge Executive Engineer i.e. with effect from 30.12.2005 has been rejected. Further prayed for direction to the respondents to modify the notification dated 29.08.2013 to the extent that the petitioner, who has been granted regular promotion to the post of Executive Engineer on regular basis with effect from the date of taking over charge of the said post, may be shifted to 30.12.2005 i.e. the date from which the petitioner has taken charge of the post of Executive Engineer incharge capacity and has been discharging his duties on the said post. 3. Learned counsel for the petitioner submitted that the petitioner has joined his service in view of Notification No. 991 dated 15.07.1987 as Assistant Engineer by way of direct recruitment and after bifurcation of the cadre, the petitioner’s final cadre has been allocated to the State of Jharkhand and thereafter he has started discharging his duties. 3. Learned counsel for the petitioner submitted that the petitioner has joined his service in view of Notification No. 991 dated 15.07.1987 as Assistant Engineer by way of direct recruitment and after bifurcation of the cadre, the petitioner’s final cadre has been allocated to the State of Jharkhand and thereafter he has started discharging his duties. It is further stated that being eligible to be promoted to the post of Executive Engineer, on the ground that the petitioner has been granted benefit of up-gradation in the pay scale under Assured Career Progression Scheme of the post of Executive Engineer w.e.f. 09.08.1999, a notification was issued being notification dated 31.03.2005 whereunder the petitioner has been directed to discharge his duties as Executive Engineer in Incharge capacity regularly and thereafter he has started discharging his duties as Incharge Executive Engineer capacity and thereafter the petitioner has been given benefit of up-gradation in the pay scale by way of 1st up-gradation under Assured Career Progression Scheme, which itself is suggestive of the fact that the petitioner was eligible to be promoted on regular basis to the post of Executive Engineer, because in the circular dated 14.08.2002 which provides for grant of up-gradation in the pay scale wherein it is provided that an employee will be eligible to get regular promotion and it will only be considered for grant of such benefit in the regular pay scale and since the petitioner has been granted first up-gradation in the pay scale by virtue of notification dated 31.03.2005 w.e.f. 09.08.1999 he became eligible to be granted promotion on regular basis to the post of Executive Engineer, but instead of granting him regular promotion to the post of Executive Engineer, respondent authorities have directed the petitioner to function as Executive Engineer in incharge capacity vide notification dated 31.03.2005. The learned counsel for the petitioner submits that he is not claiming any financial benefits for that period. 4. Learned counsel for the petitioner assailed the impugned order on the following grounds:- (i) That circular nos. The learned counsel for the petitioner submits that he is not claiming any financial benefits for that period. 4. Learned counsel for the petitioner assailed the impugned order on the following grounds:- (i) That circular nos. 2074 dated 04.04.1985 and 3251 dated 20.11.2006 it is apparent that the said circular speak with respect to not granting retrospective promotion, but, here it is not the case of retrospective promotion rather it is the fault on the part of the respondent authorities, who have compelled the petitioner to discharge his duties in incharge capacity as Executive Engineer and compelled him to function in that capacity for a period of eight years and after eight years, the petitioner has been granted regular promotion to the post of Executive Engineer and it cannot be said that it is a case of grant of retrospective promotion, rather it is a case of an illegal exercise of power on behalf of the respondent authorities, because of the reason that when there was vacancy and the petitioner has been permitted to discharge his duties in in-charge capacity as Executive Engineer and has also been given benefit of financial up-gradation under ACP the petitioner cannot be made to suffer by not reckoning the said period for the purposes of seniority and hence these two circulars have got no application in the facts and circumstances of the present case. These two circulars related to financial benefits. (ii) That the respondent authorities, while passing the impugned order dated 06.12.2013 have not appreciated the fact that on earlier occasion the officers, who have been permitted to discharge their duties in in-charge capacity have already been granted the benefit of promotion with effect from the date from which they have been directed to function in in-charge capacity, as would be evident from the notification dated 07.08.2009. (iii) The notification dated 06.12.2013 is further fit to be set aside on the ground that the respondent authorities have granted benefit of promotion to one Sri Kedar Nath who had been directed to function in incharge capacity of a higher post, but, subsequently, he had been granted promotion on regular basis to the said post w.e.f. from the date from which he was directed to function in in-charge capacity. 5. 5. The learned counsel for the petitioner further submits that the co-ordinate Bench of this Court has considered this aspect in this case of Kedar Nath Vs. State of Jharkhand and Ors. in W.P.(S) No. 1100 of 2007 which was disposed of on 22.06.2012 wherein it has been held that since the petitioner assumed the post of Chief Engineer w.e.f. 07.09.2001, therefore, after permanent promotion on the said post, he is entitled to get the salary of Chief Engineer w.e.f. 07.09.2001. The order of the learned Single Judge was challenged in L.P.A. No. 471 of 2012 before the Division Bench of this Court and Division Bench of this Court has been pleased to dismiss the said appeal. On this ground, the learned counsel for the petitioner submits that petitioner is entitled for promotion w.e.f. 30.12.2005 as he was working in in-charge capacity of a higher post. 6. On the other hand, learned counsel for the respondents has not disputed the fact that the petitioner is working in in-charge capacity w.e.f 31.12.2005. he further submits that in view of Rule 58 of the Jharkhand Service Code and Rule 74 of the Bihar Financial Rules, the petitioner is not entitled for regular promotion w.e.f 30.12.2005. To substantiate his arguments he has relied on in the case of Union of India and Ors. Vs. Chaman Rana in Civil Appeal No. 2763 of 2018 delivered on 12.03.2018 and submits that since the petitioner has belatedly approached his Court, he is not entitled to get promotion retrospectively and his claim is not fit to be allowed. 7. Having heard learned counsel for the parties, this Court finds that the petitioner had worked in the post of Executive Engineer in in-charge capacity w.e.f 30.12.2005 and he has been provided regular promotion w.e.f 29.08.2013 and also this Court finds that the co-ordinate Bench of this Court has passed the order that the petitioner of that case is entitled to get salary w.e.f he assumed the charge on the post. The leaned Single Judge has taken into consideration Rule 58 of the Jharkhand Service Code and the order dated 22.06.2012 passed in W.P.(S) No. 1100 of 2007 has been confirmed by the Division Bench in L.P.A. No. 471 of 2012. Annexure -7 the order dated 14.12.2005 whereby the person has been provided the promotion on the post of Chief Engineer w.e.f. he worked as an in in-charge capacity. Annexure -7 the order dated 14.12.2005 whereby the person has been provided the promotion on the post of Chief Engineer w.e.f. he worked as an in in-charge capacity. Thus, the petitioner is also entitled to be promoted on the post of Executive Engineer w.e.f the date he was made in in-charge capacity i.e. 30.12.2005. 8. In view of the above discussion, this writ petition is allowed. Respondents are directed to provide the regular promotion to the petitioner w.e.f. 30.12.2005 i.e the date he has been made in-charge Executive Engineer. The respondents shall pass order in this regard within six weeks’ from the date of receipt/production of a copy of this order. 9. In view of the observations and directions made herein above, the writ petition stands allowed and disposed of.