- (1.) The respondents were petitioners in the writ petition and were holding the post of Functional Manager in the Department of Industries in the erstwhile unified State of Bihar. On 15th February, 1999 a meeting was convened by the Promotion Committee wherein a decision was taken to recommend for promotion of seven of such officers holding the same post and in the said recommendation, the effective date with retrospective effect was also given. Again this recommendation was considered by the Cabinet Secretary on 27th July, 1999 and again on 13th December, 1999 and thereafter it was returned to Industry Department for certain queries. After meeting with the queries, the same was sent to Cabinet Secretary, which was again returned back with certain queries. When the recommendation dated 15th February, 1999 and consequential order was not complied with by the State Government then one Writ Petition being C.W.J.C. No. 115 of 2004 was preferred by the one of the seven candidates, namely, Bindeshwari Das, which was disposed of by order of the Patna High Court dated 30th April, 2004. In the said writ petition, after taking note of the contention raised by the respondents in counter affidavit, Patna High Court observed that:-- The claims of the petitioners are being admitted by the State authorities for their promotion to the posts of General Managers/Deputy Directors of different District Industries Centers. The State authorities should take a decision in the matter as early as it is possible. It appears that approval is being sought for from the Cabinet Secretariat right from 1999 and one pretext or the other, the matter is being delayed for untenable reasons. It is not the case of the State respondents that queries made by the Cabinet Secretariat have not been satisfied rather it appears that when the matter was returned with certain queries, the approval was again sought for in 2002 which necessarily implies that the queries were satisfied and the matter was again sent." After taking note of the stand of the State of Bihar, who was controlling authority over all the employees whose cases had been recommended for promotion vide its decision dated 15th February, 1999 were admittedly under the complete administrative control of State of Bihar even till order was passed in C.W.J.C. No. 115 of 2004 and, therefore, said order should have been complied with within the stiputated period of thee months from 30th April, 2004 as the order dated 30th April, 2004 attained the finality. Because of the bifurcation of the State of Bihar in two States, newly State of Jharkhand, the right accrued to any employee prior to bifurcation cannot be taken away and it is protected by Sections 72 and 73 of the Bihar Reorganization Act. Not only this, the same recommendation of 15th February, 1999 had been accepted by the State of Bihar though in the year June, 2005 and about a month before that since cadre allocation was made sending these petitioners to the State of Jharkhand, the petitioners could not get the benefit of decision taken by the State of Bihar. The State of Bihar accepted the recommendation and grant of promotion and that too with retrospective effect from which the recommendations were given by the Promotion Committee on 15th February, 1999. In the order dated 18th January, 2006 itself, it is clearly mentioned that for the persons who went in the cadre of Jharkhand, obviously, for the reason that in June, 2006 the decision could have been taken only by the State of Jharkhand and because of this fact and circumstance came in the way in the present writ petitioners. This situation cannot come in the way of writ petitioner because of the legal reason that right accrued in their favour in view of final decision taken over by the then State Government who had full control petitioners services and was competent to take decision to grant promotion and the petitioners were successful in the process of promotion and State passed appropriate order and recommendation were already sent to the State of Bihar and even queries were, met fully and in view of the order of Patna High Court cited in the C.W.J.C. No. 115 of 2004 dated 30th April, 2004 said should have been within a period of three months. In view of above, we do not find any illegalities in the order passed by the learned Single Judge. Hence, the L.P.A., having no merit, is dismissed.;