IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6669 of 2009 Mithilesh Kumar, Son of Late Shiv Kumar Singh, resident of Village-Kapwma, P.S.-Dumraw, Distt.- Buxar. …………………………………………. Petitioner Versus 1. The State of Bihar. 2. The Principal Secretary-cum-Commissioner, Human Resources Development Department, Bihar, Patna. 3. The Director, Primary Education, Human Resources Development Bihar, Patna. 4. The Director Administration Human, Resources Development Department, Bihar, Patna. 5. The Secretary, Bihar Public Service Commission, Patna. 6. Pawan Kumar, son of Late Jwala Prasad Singh, at present work as Block Education Extention Office Block Piparahi, Distt.-West Champaran. 7. Smt. Meena Kumari, W/o Sri Indu Shekhar at present working as Headmaster Govt. Besic School Shekhdharwa, Distt.-West Champaran. …………………………………………… Respondents ----------- 2. 22.5.2009 Heard counsel for the petitioner and the counsel for the State as also the Bihar Public Service Commission. The grievance of the petitioner in this writ application is with regard to his promotion on the post of Bihar Education Service Class II. The petitioner, who was expecting his promotion and was waiting for it, has now lost his hopes only because juniors to him have been sought to be promoted by a notification dated 13.2.2009 (Annexure 9), wherein Pawan Kumar at serial no.9 and Mina Kumari at serial no.10 are claimed to be junior to the petitioner. 2 Normally in a case of promotion seniors have to be considered first on touch-stone of eligibility condition. It is however the specific averment of the petitioner that his case was not placed before the Departmental Promotion Committee and this fact has now been also accepted by the counsel for the Commission, who would submit that the name of the petitioner was not forwarded to D.P.C. Counsel for the State, however, is not in a position to say about the reasons of not sending the case of the petitioner to D.P.C.. This Court, therefore in stead of keeping this writ application pending would find it expedient to direct the Director(Administration) of the Education Department to look into the grievance of the petitioner as with regard to grant of promotion in Bihar Education Service Class II and A.C.P. and if it is found that the juniors to the petitioner have already been given promotion and the case of the petitioner had remained unconsidered, he would immediately place the matter before the Secretary of the Department who 3 thereafter must take remedial action by placing the case of the petitioner in the D.P.C. so that the case of the petitioner for promotion is considered from the date his juniors have been given the same. In order to expedite the matter this Court would direct the petitioner to file a self contained representation to the Director (Administration), who must take the necessary action within a period of three months from the date of receipt/ production of a copy of this order. It is, however, made clear that this Court has expressed no opinion on the merits of the claim of the petitioner and therefore it would be open for the respondents to take a final decision in the matter of his promotion in accordance with law. With the aforementioned observation, this application stands disposed of. (Mihir Kumar Jha,J.) Surendra/