IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2910 OF 2008 SURENDRA PRASAD, SON OF SRI MANIK CHAND PRASAD, RESIDEWNT OF MOHALLA KOTHA TOLI, PHATAK ME, POLICE STATION TOWN, DISTRICT ROHTAS (SASARAM). AT PRESENT, POSTED AS LAB. ASSISTANT UNDER THE OFFICE OF THE ASSISTANT SEED TESTING OFFICER, KUDRA, KAIMUR VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, AGRICULTURE, BIHAR, PATNA 4. THE DEPUTY DIRECTOR OF AGRICULTURE ( SEED ANALYSIS), BIHAR, PATNA 5. THE ASSISTANT SEED TESTING OFFICER, KUDRA, KAIMUR ********* 2 05/04/2011 The petitioner has claimed that he should be granted regular promotion to the post of Seed Technician with effect from the date on which the petitioner completed the required number of years of service. It has also been prayed that the petitioner may be granted the benefits of A.C.P. As far as the prayer for grant of promotion to the post of Seed Technician is concerned, it has been stated that the case of the Laboratory Assistants was considered on a direction of this Court in CWJC No. 9447 of 2004. In compliance with the orders of this Court, several persons working on the post of Laboratory Assistants were promoted to the post of Seed Technicians. The promotions were granted up to serial no. 15 in the seniority list. The name of the petitioner figures at serial no. 21, as such it is apparent that the 2 petitioner would not be entitled to promotion until there is vacancy or decision for granting further promotion. The second prayer of the petitioner is that he should be granted the benefits of A.C.P. It has been stated that the case of the petitioner has been recommended by the Director, Agriculture to the Secretary of the Agriculture Department vide memo no. 3777 dated 3rd June, 2008. Apparently, the department has replied to the Director, Agriculture and directed them to consider the case of the petitioner and take steps for passing an order for grant of A.C.P. if it is due to him. I accordingly direct that the Deputy Director, Seed Analysis, Department of Agriculture to pass an appropriate order within a period of three months on receipt of a copy of this order along with the representation which should be filed by the petitioner within a period of six weeks from the date of receipt of a copy of this order. This writ application is thus disposed of with the aforesaid directions. Anand ( Sheema Ali Khan, J.)