IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.454 of 1997 BAIDYA NATH RAM, son of late Punpani Ram, permanent resident of Turhatoli Mohalla, P.S. and District Buxar, at present posted as Inspector, C.I.D. (Crime Branch) Police Office Gaya … Petitioner Versus 1. THE STATE OF BIHAR 2. Director General of Police, Old Secretariat, Patna 3. Inspector General of Police, C.I.D., Old Secretariat, Patna 4. Inspector General of Police (Administration), Old Secretariat, Patna 5. Deputy Inspector General of Police, C.I.D., Old Secretariat, Patna 6. Superintendent of Police … Respondents ----------- 11. 11.5.2011 No one appears for the petitioner. Counsel for the State is present and would submit that the solitary prayer of the petitioner in this writ application: “That application is issuance of appropriate writ, command/ order directing the respondents to give the petitioner seniority in Schedule Caste Schedule Tribe category in the same manner as has been given to the other Schedule Caste Sub Inspectors of 1970 Batch.” can have no meaning in law, inasmuch as it has been specifically asserted in the counter affidavit that no one junior to the petitioner was promoted on the post of Inspector. In this context he would rely on 2 paragraphs 5 and 6 of the counter affidavit which reads as follows: “5. That with respect to the statement made in paragraph no. 8, 9, 12, 13 and 14 of writ petition, it is respectfully stated that the contention of the petitioner is not based on facts. The fact is this that the petitioner has rightly been given the benefit of seniority and promotion vide memo no. 1157/p- 1 dated 9.3.92. It is relevant to mention here that the seniority of the petitioner is maintained with the S.I. Who has been appointed in 1970 batch and promoted in 1982 Board and accordingly the seniority of the petitioner is fixed at serial no. 262(k) published in the year 1995. In this connection an order vide memo no. 456/p-1 dated 24.1.96 has been issued. The seniority of the petitioner has been fixed below serial no. 262 Rajendra Prasad Singh and above serial no. 263 Lal Bahadur Singh. Sri Rajendra Prasad Singh and Sri Lal Bahadur Singh has not been promoted as Deputy Superintendent of Police till now but only considered for promotion to the rank of Dy.S.P. by D.G.Board and after being found fit, necessary recommendation has been sent to 3 Government for onward action. It is further clarified that the junior to the petitioner Lal Bahadur Singh has been confirmed in the rank of Inspector of Police w.e.f. 28.2.88 according to seniority and availability of substantive vacancy when it occurs. 6. That with respect to the statement made in paragraph no.11 of the writ petition, it is stated that the seniority of the petitioner has been given rightly with the Inspector who has been promoted in 1982 Board and was appointed as S.I. in 1970 batch. The junior to the petitioner his batchmates w.e.f. 28.2.88 and accordingly the petitioner has also been confirmed w.e.f. 28.2.88 according to seniority and availability of substantive vacancy when occurs vide memo no. 3594/1 dated 24.7.98. The case of his junior Sri Lal Bahadur Singh has been considered for promotion to the rank of Dy S.P. and after being found fit, necessary recommendation has been sent to Government for further action. Accordingly the case of the petitioner is being considered for promotion to the rank of Dy S.P. for which the recommendation of range board is being called for alongwith service 4 book and A.C. Rs. As soon as the same is received necessary action will be taken accordingly.” No rejoinder to the said counter affidavit has been filed by the petitioner controverting either part of the aforesaid statement in the counter affidavit quoted above. Once this aspect would become clear that no person junior to the petitioner was ever promoted even in S.C. & S.T. category till the petitioner had remained in service there would be no difficulty in holding that the writ application is wholly misconceived and is fit to be dismissed. It is ordered accordingly. (Mihir Kumar Jha,J.) Surendra/