IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1343 of 2004 Ajit Kumar Sinha, son of late Rajeshwar Prasad, resident of village Chhipitola, Begampur, Patnacity, Police Station Chowk Thana, Patnacity, District Patna Versus 1. Madhya Bihar Gramin Bank through the Chairman, Head Office near, Patna Museum, Budh Marg, Patna-1 2. The Board of Directors, Magadh Gramin Bank, Saondiha House, Katari Hill Road, Gaya 3. The Chairman, Magadh Gramin Bank, Sandiha House, Katari Hill Road, Gaya 4. The Personal Manager, Magadh Gramin Bank, Sandiha House, Katari Hill Road, Gaya 5. Shankar Mandal, son of name not known to the petitioner, at present Branch Manager, Magadh Gramin Bank, Branch at Karpi, Arwal. 6. Ram Biulash Dubey, son of name not known to the petitioner, at present Branch Manager, Magadh Gramin Bank, Branch at Belaganj, Gaya 7. Manoj Kumar Verma, son of name not known to the petitioner, presently posted as Manager in the Head Office of the Magadh Gramin Bank, Sondiha House, Katari Hill Road, Gaya 8. Kunj Behari Sahay, son of name not known to the petitioner, presently posted as Manager in the Head Office of the Magadh Gramin Bank, Sondiha House, Katari Hill Road, Gaya 9. Md. Azaz Asgar, son of name not known to the petitioner, at present posted as Manager, Magadh Gramin Bank, Sandiha House, Katari Hill Road, Gaya 10. Vishwanath Prasad, son of name not known to the petitioner, at present posted as Branch Manager, Magadh Gramin Bank, Pinjora, Kako More, Jehanabad ----------- 04/ 29.10.2010 Heard learned counsel for the petitioner and the counsel for the Madhya Bihar Gramin Bank (hereinafter referred to as the Bank). Petitioner has filed this writ petition for a 2 direction to the authorities of the Bank to consider his case for promotion in the grade of Officer Scale –II with effect from 28.10.1999, the date on which private Respondent nos. 5 to 10 were so promoted. It is submitted on behalf of the petitioner that private Respondent nos.5 to 10 were promoted in the grade of Officer Scale –I in the year 1980 applying the norms of circular No. 10 of 1980 dated 25.7.1980, Annexure-6, which inter alia required two years’ experience and 25 years of age on 16.8.1980 for being considered for promotion as Officer, but ignoring such requirement, private Respondents were so promoted. Later, they were also promoted as Officer Scale-II with effect from 28.10.1999. It is submitted by the counsel for the petitioner that this Court in appreciation of the aforesaid illegalities, should at least direct the Bank to consider his case for promotion in the Officer Scale-II with effect from the date, private Respondents were so promoted. I regret not to accede to such request, as private Respondents were promoted as Office in 1980 and the illegalities highlighted above should have been raised in 3 1980 and not when they have been promoted in Scale-II. During the pendency of this petition, petitioner having already promoted in Scale-II and superannuated. I do no see any merit in the writ petition, which is, accordingly, dismissed. Arjun/ ( V. N. Sinha, J.)