IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6864 of 2007 Arun Kumar Srivastava, son of late Raj Mangal Prasad, resident of Mohalla Bhatta Bazar, P.S. Khajanchi Haat, District Purnea … Petitioner Versus 1. The State Of Bihar, through the Secretary, Department of Health and Family Welfare, Govt. of Bihar, New Secretariat, Patna 2. The Joint Secretary, Department of Health and Family Welfare, Govt. of Bihar, New Secretariat, Patna 3. The Additional Secretary, Department of Health and Family Welfare, Govt. of Bihar, New Secretariat, Patna … Respondents ---------------------------------- 2. 19.9.2011 Heard Mr. Ashok Kumar Chaudhry, learned counsel for the petitioner and counsel for the State. Counsel for the State has filed a counter affidavit, copy whereof was also served on the counsel for the petitioner. The solitary prayer of the petitioner in this writ application for quashing of the impugned order, contained in Annexure 1, dated 27.4.2007 as with regard to refusal of his confirmation on the ground that the juniors to him had already been confirmed has been sufficiently explained in the impugned order itself wherein it has been found that the petitioner had neither passed the departmental examination or his service records were clean. In course of examination it has also been found that the alleged two juniors, namely, Maheshwar Prasad Srivastava and Md. Khurshid Alam had already passed the departmental examination. In that view of the matter, this Court does not find any error in the impugned order rejecting the claim of confirmation of the petitioner which is not automatic but only by completing certain conditions of service and availability of 2 sanctioned post. Under the relevant service Rules passing of the departmental examination and having a clean record is also the requirement for a temporary Government servant in order to be confirmed. The apprehension of the petitioner that after his retirement, his denial of confirmation would come in his way in getting his retirement benefit adversely affected, seems to be wholly misconceived, inasmuch as, even a temporary Government servant without being confirmed on a permanent post is entitled to get the continuity of service for the purpose of its being computed towards the qualifying service in terms of Bihar Pension Rules. Considering all these aspects this Court does not find any merit in this application and it is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/