IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.749 of 2001 RAM NARESH SINGH Versus THE STATE OF BIHAR & ORS ----------- 3/ 9/5/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who superannuated as an Inspector of Police, came to this Court seeking shifting and correction of the date of his promotion to Assistant Sub inspector of Police from the date that his juniors have been so promoted. The post of A.S.I. was the next promotional post from Havildar. The candidate was required to clear the promotional course styled as J.P.C. (Junior Physical Training Course) and S.P.C. (Senior Physical Training Course). The seniority was to be reckoned from the date of clearing the said examination. When certain juniors came to be promoted, certain persons approached this Court in CWJC No.2434/80 which, by judgement and order dated 14.4.1983 held that the seniority has to be reckoned from the date of passing the examination. On appeal, the matter came to be affirmed by the Supreme Court. The submission, therefore, is that in view of the same and the orders of this Court following the same in CWJC No.2631/95 and CWJC No.8859/02 directing re-fixation of the seniority accordingly, when the latter came to be affirmed in L.P.A.No.646/07, the date of promotion of the petitioner, as actually given, is required to be shifted back notionally for purposes of seniority and fixation of pay scale. - 2 - The writ application is disposed off with direction to the respondents to grant the petitioner due notional promotion from the date that his juniors have been promoted fixing their pay scale as per the entitlement of the FITMENT Committee within a period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed with aforesaid directions. KC ( Navin Sinha,J )