IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14704 of 2006 Shyam Bihari Sharma, S/o Sri Chandrawar Sharma, Resident of Village Pali, Police Station Bihta, Dist. Patna. -------- Petitioner Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Health Deptt., New Secretariat, Patna. 2. The Director-in-Chief, Health Services, Govt. of Bihar, Patna. 3. The Regional Deputy Director, Health Services, Patna Division, Patna. 4. The Civil Surgeon-cum-Chief Medical Officer, Bhompur, Arrah. 5. The Medical Officer, Primary Health Centre, Shahpur, Arrah. -------- Respondents ----------- 3 6.7.2011 No one appears on behalf of the petitioner. Counsel for the State is present. Considering the fact that the alleged promotion of the petitioner has been sought to be rescinded by the competent authority by way of compliance of the direction given by the Division Bench of this Court in LPA No. 448 of 2005 and its analogous cases disposed of on 7.7.2005 and the fact that the petitioner’s initial appointment on a Class-4 post in the year 1972 at best had made him eligible for being considered for promotion on any Class-3 post only in terms of the Government circular by holding a departmental examination and that such procedure was not followed in the case of the petitioner, this Court would find no error in the 2 consequential order demoting him back on his substantive Class-4 post. This Court must also take into account that the order of promotion of the petitioner itself had clearly contained a clause of his being reverted back to his original post in the event of his promotion being found to be illegal and impermissible in law. In that view of the matter, there is no merit in this writ application and the same is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)