IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15069 of 2009 Siyaram Singh, son of Late Jenalal Singh, resident of Lohanipur, P.S. Kadamkuan, District-Patna ……………. Petitioner Versus 1. The State of Bihar 2. The Principal Secretary, Planning and Development Department, Government of Bihar, Patna 3. The Director-cum-Joint Secretary, Planning and Development Department, Government of Bihar, Patna 4. The Additional Secretary, Planning and Development Department, Government of Bihar, Patna 5. The Vice Chairman, Bihar State Planning Board, Patna 6. The Secretary, Bihar State Planning Board, Patna 7. The Deputy Secretary, Bihar State Planning Board, Patna 8. The Administrative Officer, Bihar State Planning Board, Patna …………………. Respondents. ----------- 4. 30.11.2009 The petitioner, a class-IV employee of the Planning and Development Department, has been serving as a driver since 1975 and in support of such fact several documents have been annexed with the writ application, the contents whereof have not been disputed in the counter affidavit. From the order of the Bihar State Planning Board bearing office order No. 443 dated 11th April, 2007, Annexure-10 it is evident that petitioner has been serving as a driver. This writ application has been filed praying, inter alia, that in the background of the fact that the petitioner has been serving as a driver since 1975, he should be considered for promotion on the post of Driver and paid retiral dues in the scale admissible to a driver. Such prayer is being refuted by the authorities with reference to the circulars of the Government as contained in Annexures A, B and C wherefrom it is evident that a class-IV employee cannot be promoted as a driver. The petitioner may not be promoted as driver but as he has served as driver since 1975, arrears of difference of salary of the post - 2 - of Driver be paid to him at the earliest, in any case, within two months from the date of receipt/production of a copy of this order before the competent authority. With the above observations/directions the writ application is disposed of. S.Pandey (V.N.Sinha,J.)