IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8599 of 2002 SIKANDRA PRASAD YADAV Versus THE STATE OF BIHAR & ORS ----------- 6. 11.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The claim in this writ application relates to promotion from the post of Dalpati to Panchayat Sewak in the reserved category in accordance with roster point. in view of the nature of the order to be passed, it is not necessary to issue notice to respondent no. 5. In so far as respondent no. 6 is concerned, the official respondents in their counter affidavit filed today have stated that he is no more in service. The case of the petitioner was considered on 23.12.1999 when his name was at serial 13 of the persons under consideration. He was found eligible for such promotion on roster point 66 in the backward category. The proceedings at Annexure 6 themselves state that only deficiency was absence of his original certificate. Learned Counsel for the petitioner submits that this relates to his original educational certificate. He next submits from Annexure 10 to the rejoinder to the counter affidavit of respondent no. 3 that the respondents on 21.6.2000 reiterated on 21.6.2001 had themselves sent the educational certificate of the petitioner for verification to the Bihar School Examination Board. The letter dated 21.6.2001 itself states that in absence of necessary verification report from the Bihar School Examination Board the further action with regard to the petitioner who was a Dalpati continues to remain in abeyance. At this stage the counter affidavit of the respondent no. 3, more particularly paragraph 4 in its relevant extract at paragraph 6 becomes relevant. It states that “no question that the claim of the petitioner has been rejected”. This is clarified in the preceding lines that the necessary approval of the Finance Department had been sought. There is no denial by the respondents of Annexure 10 dated 21.6.2001. That read with the deliberation of the promotion committee dated 23.12.1999 and the statements made in the counter affidavit, makes it apparent that the claim of the petitioner to be considered for promotion on roster point 66 in the backward class category has not been rejected but was kept in abeyance awaiting the verification of his original school certificate from the Bihar School Examination Board. It is the further case of the petitioner that such verification has since been received. In the meantime it appears that the official respondents have promoted respondent no. 5, a person admittedly junior to the petitioner on roster point 66. In the facts of the present case, no other disability of the petitioner being contended by the respondents, they are now required to take a final decision on the claim of the petitioner to be considered for promotion from Dalpati to Panchayat Sewak in light of their own stand that his claim had not been rejected and was pending consideration awaiting verification from the Bihar School Examination Board and which has now stated to have been received. The respondents shall therefore be obliged to take a fresh and appropriate decision on the claim of the petitioner to be considered for promotion after hearing all concerned who may be affected by any subsequent orders, in accordance with law. Let such consideration be done and final decision taken within a maximum period of four months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)