IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6178 of 1997 SHASHI LATA KUMARI, daughter of Shree Bishwanath Singh, resident of village Powa, P.S. Fatehpur, District- Gaya, at present Sub-Inspector of Police, Kotwali Police Station- Bhagalpur. …. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director General and Inspector General of Police, Main Secretariat, Patna. 3. The Inspector General of Police, Bhagalpur Zone, Bhagalpur. 4. The Deputy Inspector General of Police, Eastern Range, Bhagalpur. … Respondents. ----------- 5. 16.05.2011 No one appears for the petitioner. Counsel for the State is present. From perusal of the writ application and the relief prayed therein reading as follows:- “1. That this is an application for issuance of a writ in the nature of certiorari for quashing of the Eastern Area Office Order No. 100/96, dated 19.3.1996 as contained in Memo No. 217, dated 19.3.1996, issued under the signature of the Deputy Inspector General of Police, Eastern Range, Bhagalpur, whereby the petitioner’s service has been confirmed as a Sub-Inspector of Police with effect from 18.3.1994 and the same has been done arbitrarily as all her batchmates have been confirmed with effect from 19.5.1987 irrespective of their passing the police Training Course Examination on various consecutive dates and further for issuance of a consequential writ in the nature of mandamus commanding and directing the respondents-authorities to confirm the petitioner’s service as Sub-Inspector of Police with effect from 19.5.1987 as is 2 required in case of all direct recruits to the post of Sub-Inspector and the same has been observed/implemented in case of all her batchmates and further to grant her the due time bound promotion with effect from 15.6.1994, i.e. the date when all her batchmates have been granted the same and further to grant her all the consequential benefits and to pay her the dues amounting out of such incremental loss/monetary losses, both arrears as well as current.” it would be clear that basically the grievance of the petitioner is with regard to date of her confirmation in police service against the post of Sub- Inspector of Police. From perusal of the counter affidavit, it is clear that in the police department confirmation on the post is not automatic but in fact is wholly dependent on successful completion of Police Training Course Examination and its being passed by him/her. The respondents have explained that though the petitioner was appointed as Sub-Inspector of Police on 15.6.1987 but she could not pass her Police Training Course Examination till 1994 and when she had passed such examination in 1994, her services were confirmed w.e.f. 18.3.1994. 3 In that view of the matter, this Court would not find any rationale in claiming confirmation by the petitioner from an earlier date of 19.7.1987 on which date her juniors / batchmates were given such confirmation on the post of Sub-Inspector of Police. Respondents have not only explained this aspect in detail in the counter affidavit but even otherwise if the juniors to the petitioners were already successful in Police Training Course Examination, their confirmation could not have been deferred for making the petitioner eligible for being confirmed in service. As with regard to the time bound promotion, the respondents in the counter affidavit have stated that the same was awaiting for receipt of the ACR of the petitioner and for disposal of Departmental Proceeding No. 17 of 1996. There is no rejoinder to the counter affidavit and therefore this Court is not aware as to whether the time bound promotion of the petitioner has been considered. In any view of the matter, as the petitioner has not been represented before this Court by her 4 counsel, this Court would only give liberty to the petitioner to claim the benefit of time bound promotion, if she was otherwise eligible for grant of a regular promotion i.e. a clean service record and no order of punishment against her. With the aforementioned observation and direction, this writ application is disposed of. Kanchan/ (Mihir Kumar Jha, J.)