IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6318 of 1997 KRISHNA AVATAR SINGH, son of later Baboo Lal Singh, resident of at and P.O. Pipra Narain, District Siwan at present posted as Assistant Mining Officer, at Head Quarters, New Secretariate, Patna … Petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary, Old Secretariat, Patna 2. The Secretary cum Commissioner, Mines and Geology Department, Govt. of Bihar, Patna 3. The Additional Secretary, Mines and Geology Department, Bihar, New Secretariat, Patna 4. The Director of Mines, Bihar, New Secretariat, Patna 5. Sri Rajendra Kumar, son of not known to the petitioner, at present posted as Deputy Director, Mines, Santhal Pargana Circle, Dumka … Respondents ----------- 8. 17.5.2011 No one appears for the petitioner. Counsel for the respondents is present. From the perusal of the writ application and its prayer in paragraph 1 reading as follows: “That this is a petition for issuance of appropriate writ and direction, in the nature of writ of certiorari, for quashing the Government notification Nos. 2635 dated 30.6.1997 (Annexure 12) by which respondent no.5 has been transferred and posted to act as Deputy Director (Mines) in his own pay scale of District Mining Officer who is junior to the petitioner and further for issuance of a writ, in the nature of writ of 2 mandamus, commanding respondents to fill up the vacancy of Deputy Director (Mines) on regular or officiating basis which was created on account of Superannuation/ promotion of R.P.Singh- 31.3.94, Sri B.B.Lal- 31.5.1994, Sri V.K.Srivastava and Sri O.P. Asthana- 31.5.1995. The petitioner further seeks writ/ direction to consider and notify the petitioner as District Mining Officer w.e.f. 1.11.1985, in the scale pay of Rs.3000 to 4500/-, as has been granted to juniors and consequently promote the petitioner to the post of Deputy Director (Mines) in the scale pay of Rs.4100 to 5300/-, in accordance with seniority and efficiency.” and the stand taken by the respondents in their counter affidavit it would transpire that the case of the petitioner for regular promotion from the post of Assistant Mining Officer to Mining Officer was considered by the Departmental promotion Committee in the meeting held on 10.7.1989 and the D.P.C. upon perusal of the Annual Confidential Report of the petitioner had not found him fit for promotion. The respondents in their counter affidavit have taken a stand that 3 the petitioner thereafter was given time bound promotion on the post of Assistant Mining Officer but the same would not be equated with a regular promotion on the post of Mining Officer and as such, the petitioner would also not be eligible for promotion on the higher post of Deputy Director of Mines. This Court in an order dated 9.2.1999 had directed the respondents to file a supplementary counter affidavit as to what steps were taken after the year 1989 when the D.P.C. had not found the petitioner fir for promotion. The respondents have also filed supplementary counter affidavit wherein it has been explained that the case of the petitioner was once again forwarded to the Bihar Public Service Commission on 18.5.1990 but the B.P.S.C. did not find the petitioner fit for promotion on the ground that he had several adverse entries in his Annual Confidential Reports. It would thus be clear that the petitioner’s case for promotion was considered on more than one occasion and he was not found fit for promotion on account 4 of his chequered service record. That being so, there would be no occasion for this Court to issue a direction for promotion of the petitioner either on the post of Mining Officer or on the post of Deputy Director of Mines. In the result, there is no merit in this application and the same is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/