IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7645 of 2010 KRISHNA KUMAR SINGH S/O Sri Sureshwar Prasad Singh, resident of Mohalla- Kamal Nagar Colony, Mirzanhat, P.S. Mojahidpur, District Bhagalpur, Bihar Versus 1. THE STATE OF BIHAR through the Principal Secretary, Irrigation Department, Government of Bihar 2. The Secretary, Command Area Development Directorate, Irrigation Department, Government of Bihar, Patna 3. The Board of Directors, Kiul Badua Chandan Command Area Development Agency, Bhagalpur, through its Managing Director 4. The Commissioner-cum- Chairman, Kiul Badua Chandan Command Area Development Agency, Bhagalpur 5. The Secretary, Kiul Badua Chandan Command Area Development Agency, Bhagalpur, ----------- 02/ 07.05.2010 Heard learned counsel for the parties. 2. Petitioner served the Kiul Badua Chandan Command Area Development Agency, Bhagalpur (hereinafter referred to as the Agency) on the post of Executive Engineer with effect from 30.11.1988, as is evident from order, bearing memo No. 47 dated 18.2.2008, Annexure-1, passed by the Secretary of the Agency. He has filed the present writ application praying, inter alia, to direct the Agency to consider his case for promotion on the post of Superintending Engineer in the Agency. For such purpose, he has filed representation dated 14.7.2009, Annexure-4, which is pending. 3. Counsel for the Agency states that no Executive Engineer junior to the petitioner has been promoted on the post of Superintending Engineer, as such, petitioner does not have any right for being considered for such promotion. 4. In rejoinder, it is submitted on behalf of the 2 petitioner that the Agency is taking services of the Superintending Engineer on deputation from the State Government and is not considering its own Agricultural Engineers for such promotion. In this connection, it is also pointed out that Dr. M.P. Sinha and Md. Yusuf, who were Agricultural Engineers, but were allowed promotion on the psot of Managing Director and Superintending Engineer in the Agency. 5. Without going into the correctness or otherwise of the contention raised above, the writ application is disposed of with direction to the Commissioner-cum – Chairman of the Agency to dispose of the representation of the petitioner dated 14.7.2009, Annexure-4 to this application in accordance with law, as early as possible, in any case within two months from the date of receipt/ production of a copy of this order. In case petitioner is allowed promotion on the post of Superintending Engineer with retrospective effect, he be also given the consequential benefit therefor. Arjun/ ( V.N. Sinha, J.)