IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1764 of 2002 YUGAL KISHORE UPADHYAYA SON OF LATE DEO NARAIN UPADHYAYA, RESIDENT OF QUARTER NO.3. ROAD NO.32, GARDANIBAGH, P.S-GARDANIBAGH, DISTRICT- PATNA Versus 1.THE STATE OF BIHAR, THROUGH THE SECRETAY, DEPARTMENT OF ENERGY, GOVT. OF BIHAR, PATNA 2. THE SECRETARY, DEPARTMENT OF ENERGY, SINCHAI BHAWAN, GOVERNMENT OF BIHAR, PATNA 3. THE CHIEF ENGINEER-CUM-CHIEF ELECTRIC INSPECTOR, DEPARTMENT OF ENERGY, SINCHAI BHAWAN, 3RD SECRETARIAT, PATNA. 4. THE SENIOR ELECTRIC INSPECTOR, ENERGY DEPARTMENT, GOVERNMENT OF BIHAR, SOUTH BAILEY ROAD, PATNA For the petitioner: Suraj Nr. Yadav For the State: Mr.Himanshu Kr. Akela, J.C. to G.A.-V. ----------- 3. 11.11.2008. Heard learned counsel for the petitioner and the State. The petitioner was appointed as Correspondence Clerk and joined his service in Electric Works Division under the Department of Energy, Government of Bihar, Patna. He received first and second time bound promotion with effect from 1.4.1981 and 1.4.1986 respectively and superannuated from service on 31.7.2001. Thereafter, the writ petition was filed on 31.1.2002 claiming a direction to the respondents to promote the petitioner to the post of Head Assistant with effect from 1.8.1999 and further to grant super time pay scale with effect from 1.2.1997 after regularizing his first and second time bound promotion. No counter affidavit has been filed on behalf of the State but it has been submitted that the petitioner can claim promotion only on the basis of availability of promotional post and in law he has only a right of consideration for promotion whenever posts are filled up by promotion. It has further been submitted that he has made no - 2 - grievance that any junior to him was promoted after superseding him From the averments made in the writ petition it appears that the petitioner has claimed existence of two posts of Head Assistant and according to him they remained vacant after retirement of the incumbents on 31.1.1992 and 31.1.2001 respectively. In the service jurisprudence it is well established that an employee only has a right of consideration for the purpose of promotion if he is eligible and if there is a vacancy. In the present case it appears that the process of filling up the promotional post could not be initiated since last several years. Keeping promotional post vacant for a long time has adverse effect not only upon morale of the employees concerned but also upon working of the organization. Hence, it is expected that the concerned respondents shall take up the exercise of filling up the vacant post, if not already filled up, in accordance with law expeditiously and if the petitioner is found eligible for consideration on account of availability of post of general category, his case should also be considered for atleast notional promotion along with the case of his juniors. It goes without saying that if the claim of the petitioner is allowed then his retrial benefits will be revised accordingly. The writ petition is, thus, disposed of. Md.S. (Shiva Kirti Singh, J.)