(1.) HEARD counsel for the parties.
(2.) THE grievance of the writ petitioner is that though the date of promotion of her husband to the post of Under Secretary stands shifted from 22.5.95 to 30th June, 1992 vide notification as contained in Annexure 1 and again he was promoted to the post of Deputy Secretary with effect from 30th June, 1995 vide notification as contained in Annexure 3 dated 18th January, 1999, consequential benefits have not been given to him.
(3.) A counter affidavit has been filed on behalf of the State stating therein that the petitioner after his superannuation would not be entitled to get monetary benefits in view of rule 58 of Bihar Service Code as the petitioner never assumed charge of the post. Learned counsel appearing on behalf of the State has also drawn my attention to the notification as contained in Annexure 3 wherein it is stated that the officers duly promoted to the post of Deputy Secretary, will not get the monetary benefits.