IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.91 of 2011 Bihar Rajiya Bhoomi Sudhar Karamchari Sangh, Bihar through its General Secretary Shri Surendra Choudhary, Bank Colony, Chitragupta Nagar, Kankarbagh, P.S. Kankarbagh, District- Patna.............................................................................................................Petitioner-Appellant Versus 1. The State of Bihar through the Chief Secretary, government of Bihar, Patna. 2. The Principal Secretary, Revenue & Land Reforms Department, Government of Bihar, Patna. 3. The Deputy Secretary, Revenue & Land Reforms Department, Govt. of Bihar, Patna...............................................................................................Respondent-Respondents --------------------------- 5. 4.7.2011 Heard learned counsel for the petitioner and the learned counsel for the State. The appellant is an association of Revenue Karamcharis. On behalf of its members the Association wants a direction from this Court that the State should consider their cases for promotion to the post of Circle Inspector-cum-Kanoongo, the next promotional post in accordance with provisions of the Bihar Junior Revenue Service Carder Rules, 2004 (hereinafter referred to as the 2004 Rules). There is no dispute that 2004 Rules have been amended on 15.1.2010 and published in the Bihar Gazette on 3.2.2010, The 2010 Rules provide for only 25% quota for promotion in place of 50% available under the 2004 Rules. The learned writ Court has considered various judgements of the Supreme Court which lay down that once recruitment process is initiated through advertisement, it should be concluded as per the then existing Rules and the subsequent Rules will have no application to the recruitment process already initiated. The writ Court has also considered the judgement in the case of A.K.Mahajan (2009) 12 SCC 2 62 and after quoting para 21 to 23 of the judgement, it has come to the conclusion that in matters of promotion there is no right or benefit accrued in favour of an employer unless promotion is actually granted. In our view, law is well settled that the only right in matters of promotion is a right to be considered along with others as and when promotion is granted by the employer. There is no question of infringement of such right of consideration on account of Rules of 2010. The only adverse effect is upon chances of promotion because of reduced quota for promotees. Chance of promotion, cannot be equated with right or benefit already accrued. In our considered view, the judgement of the writ Court does not suffer from illegality to warrant interference, hence the appeal is dismissed. Mkc/ ( Shiva Kirti Singh, J.) (Shivaji Pandey,J.)