IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13694 of 2007 SUNIL KUMAR SINHA aged about 50 years son of late Sri Mangal Rai, resient of Mohalla Bari Khagal, P.S. Khagal,District-Patna, at present posted as Incharge Junior Engineer (Mech.), Patna Municipal Corporation,Budha Marg, Patna. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Urban Development, Govt. of Bihar, Patna. 2. The Municipal Commissioner, Patna Municipal Corporation, Budha Marg, Patna. 3. Additional Municipal Commissioner, Patna Municipal Corporation, Patna 4. Chief Engineer, Patna Municipal Corporation, Patna. ----------- For the Petitioner : Mr. Shailendra Kr.Singh. For the Corporation : Mr. B.P. Singh For the State : Mr. Arjun Pd. Singh --- 2 5.8.09 The writ petition was filed in 2007 and there is no counter affidavit as yet. By this I.A. No.4084/08 petitioner’s grievance is that though he has all the requisite qualification and has been discharging the function of Junior Engineer (Mechanic) under Patna Municipal Corporation instead of giving petitioner substantive promotion and paying the petitioner accordingly they have appointed another person on the post on contractual basis. The person, so appointed, was not even in the service of Corporation. Thereby the petitioner’s right of promotion has been taken away by this ad hoc method, which is arbitrary. In my view, the petitioner should first make a detailed representation to the Municipal Commissioner, Patna Municipal Corporation in this regard, who would consider the matter and take a decision in accordance with law within a period of one month from today. The Municipal Commissioner should keep in mind that for 2 every service there is a promotional avenue provided in the cadre itself. That apart from conferring right of an employee is an incentive to work efficiently. That promotional avenue cannot be blocked by fresh recruitment and that too on contractual basis depriving a permanent employee of his promotional right. Petitioner has already filed a detailed representation (Annexure 7 series). Petitioner may file a fresh representation, if so advised, in addition to what is already there with the Corporation. The decision must be taken within a period of one month and communicate to the petitioner in writing. With the above observation and direction, this writ petition stands disposed of. SINGH (Navaniti Prasad Singh, J.)