IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2738 of 2010 1. RAMESHWAR PRASAD S/O LATE AWADH NARAYAN LAL R/O MOH- CHAUK BAJAR SULEMANGANJ, SASARAM, PO AND P.S- SASARAM (TOWN), DISTT- ROHTAS Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT,GOVT.OF BIHAR 3. THE NAGAR PARISHAD, SASARAM, THROUGH ITS CHIEF COUNCELLOR 4. THE CHIEF COUNCELLOR, NAGAR PARISHAD, SASARAM 5. THE EXECUTIVE OFFICER, NAGAR PARISHAD, SASARAM 6. NAWAL KISHORE SHARMA S/O LATE RAMJI SHARMA R/O VILL-GHOSI, PO-DAH BIGAHA, P.S- HILSA, DISTT- NALANDA 7. LALLAN PRASAD SINGH S/O KAMESHWAR SINGH R/O VILL- REDIYA, PO- BELARI, P.S- CHENARI, DISTT- ROHTAS 8. RAJ NARAYAN PANDEY S/O KRISHNA PANDEY R/O VILL AND POST- KORAGAHAR, P.S- KARAGAHAR, DISTT- ROHTAS 9. SHIV PRASAD LAL S/O LATE SURESH LAL R/O VILL- BHARANDUWA, PO- CHENARI, P.S CHENARI, DISTT- ROHTAS 10. KRIPANATH SINHA S/O LATE AMBIKA LAL R/O MOH-LALGANJ, PO AND P.S- SASARAM, DISTT- ROHTAS 11. RAVINDRA PANDEY S/O LATE JAGDISH PANDEY R/O VILL AND POST- KHUDHIYA, P.S= BADI, DISTT- ROHTAS 12. UDAY PRAKASH SINHA S/O LATE RAMESHWAR PRASAD R/O MOH-KAJIPUR, PO AND P,.S- SASARAM, DISTT- ROHTAS 13. DEO CHARAN SINGH S/O LAKSHAMAN SINGH R/O VILL- MAHARANIYA, PO AND P.S- SASARAM, DISTT- ROHTAS 14. RAMAYAN SINGH S/O LATE SHIV BHUKHAN SINGH, R/O VILL- BELARHI, PO- MORASARAY, P.S- SADARAM, DISTT- ROHTAS 15. SACHCHIDANAND RAI S/O RAM EKBAL RAI R/O VILL AND PO- RAGHOPUR, P.S- KARAGAHAR, DISTT- ROHTAS 16. RAJENDRA KUMAR AMBASTHA S/O DEVAKI NANDAN PRASAD R/O VILL AND POST- DHELWA, P.S- MADANPUR, DISTT- AURANGABAD 17. SHRI NARAYAN RAM S/O GHUNI RAM R/O MOH- PRATAPGANJ, POST AND P.S- SASARAM, DISTT- ROHTAS 18. VISHUN DEO RAM S/O RAM JUG RAM, R/O MOH- HARIJAN MOHALLA BARAH PATHAR, DEHRI, P.S- DEHRI, DISTT- ROHTAS 19. KALAM AJAD S/O MOTI AJAD R/O VILL- SUHI, POST- KUTUMBA, P.S- KUTUMBA, DISTT- AURANGABAD ----------- For the petitioner : M/S Sanjay Kumar & Surendra Kumar Chaubey, Advocate. For the Nagar Parishad : Mr. Vijay Shankar Upadhyay, Advocate. ==== 2. 11.03.2010. Heard learned counsel for the petitioner, State and the Sasaram Nagar Parishad. 2. Petitioner superannuated while serving as Lower Division Clerk in the Nagar Parishad. He has filed this writ application for a direction to the Nagar Parishad to consider his case for promotion on the higher post of Head Assistant as ignoring his service record as also the seniority position private respondent nos. 6 and 7 were promoted on the said post under order bearing Memo No. 398 dated 13.9.2006, Annexure-6 without the approval of the Commissioners - 2 - although in terms of the provisions contained in the notification of the State Government dated 25th June, 1977, Annexure-8 such promotion can be made only with the approval of the Commissioners. Highlighting the aforesaid illegality in the promotion granted to the private respondents as also claiming promotion for himself petitioner filed representation dated 19.9.2007 and 4.8.2009, Annexures-7 and 10 but none of the representations have been considered meanwhile petitioner also superannuated with effect from 31.7.2008. By filing the present writ application petitioner desires that his case for promotion on the aforesaid post be considered with effect from the date his juniors have been promoted on the post of Head Assistant and if such promotion is allowed with retrospective effect he be granted monitory benefits for such promotion. 3. Counsel for the Nagar Parishad has opposed the prayer. He states that the private respondents were promoted on the post of Head Assistant under order dated 12.9.2006, Annexure-5 and the present petition has been filed after four years of such promotion and should be rejected on the ground of delay and laches. I regret not to accept such submission as the promotion impugned was made contrary to the rules and petitioner filed representation soon after the promotions were made in favour of the private respondents. 4. Having heard counsel for the parties, I direct the competent authority to consider the representation of the petitioner dated 19.9.2007 and 4.8.2009, Annexures-7 and 10 in accordance with law and pass a reasoned order as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)