IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7404 of 2011 Ram Narayan Singh Versus The State Of Bihar & Ors ---------------------------------- 2 09.08.2011 By virtue of annexure-2 dated 17th April 2011 an order in favour of the petitioner was issued granting him notional promotion on the post of Inspector (Arms) from 27.8.1997 the date on which juniors were granted such promotion. There is back ground under which this order came to be issued, which is a decision in L.P.A. rendered in favour of the petitioner. The order passed in L.P.A. No.1204 of 1999 is annexure-1 to the writ application. From the reading of the said order it is evident that a major departmental proceeding was pending against the petitioner in which punishment was also imposed and that was the reason which came in the way for non grant of promotion to the petitioner. However, that punishment was interfered with on technical reason by the High Court as indicated in the said order. In the meantime the petitioner retired in the year 1999. He could never occupy or hold the post even though promotion was granted to him on 17th April 2001 due to L.P.A. order which came to be passed after his retirement. If the petitioner never worked on that post he can not be granted salary for that period. It is in this back ground the order contained in annexure-2 indicates that he was notionally 2 promoted. The reason being cogent and in accordance with law does not require interference. Salary can not be claimed as a matter of right in the above stated facts. Writ petition has no merit and it is dismissed. Rahman/ (Ajay Kumar Tripathi , J.)