IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10883 of 2006 YOGENDRA PRASAD SINGH, son of Sri Awadhesh Prasad Singh, resident of village Balabigha, P.S. Tekari, District Gaya, at present working in Bihar Drug Control Laboratory, Agam Kuan, Patna- 800007 … Petitioner Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna 2. The Director Chief, Health Services, Govt. of Bihar, New Secretariat, Patna 3. The State Drug Controller, Govt. of Bihar, Department of Health, Govt. of Bihar, New Secretariat, Patna 4. The Joint Food Controller, Department of Health, Govt. of Bihar, New Secretariat, Patna … Respondents ----------- 2. 27.8.2010 Having heard Mr. Basant Kumar Choudhary, learned Senior counsel for the petitioner and the counsel for the State, this Court with regard to the following relief: “(i) For issuance of a writ of certiorari quashing the order contained in memo no. 15 Au 02- 06/2001, 823(15) dated 11.8.2006 issued under the signature of respondent Director-in-Chief, Health Services, Bihar, Patna rejecting the application of petitioner for promotion contained in Annexure 9. (ii) For issuance of a writ of mandamus commanding the resondents to promote the petitioner on the post of Senior Scientific Assistant in Drug Control Laboratory Agam 2 Kuan, Patna. (iii) For issuance of ad-interim order staying the operation of the impugned order.” would not find any infirmity in the impugned order passed by the competent authority on 11.8.2006 (Annexure 9), inasmuch as the view recorded therein that the petitioner’s promotion on the post of Senior Scientific Assistant does not suffer from any error. As is known and in fact settled in service jurisprudence, a promotion can only be earned by a person holding a subordinate lower post in a cadre in which there is a promotional channel from feeder post for his promotion on the higher post. In the present case it is a undisputed fact that the petitioner’s substantial appointment had been made on the post of Pharmacist and he is still continuing in the same capacity and therefore he cannot change his track in the midstream only because he has been working against the post of Laboratory Technician. This aspect in fact has been clarified by the authority in the impugned order which was passed pursuant to a direction given by 3 this Court in the order dated 12.4.2006 in C.W.J.C.No. 771/2001. For the sake of brevity and clarity the impugned order is quoted hereinbelow: ^^ vkns”k Jh ;ksxsUnz izlkn flag QkekZflLV lEizfr rduhdh ds in ij dk;Zjr }kjk vkS’kf/k fu;a=.k iz;ksx”kkyk iVuk esa ojh; oSKkfud lgk;d ds in ij izksUufr gsrq ekuuh; mPp U;k;ky;] iVuk esa lekns”k ;kfpdk la[;k & 771@2001 nk;j fd;k x;k Fkk A ekuuh; mPp U;k;ky;] iVuk }kjk fnukad 12@04@2006 dks U;k;kns”k ikfjr djus dh d`ik dh x;h gS ftldk dk;kZRed va”k (Operative Post) fuEukafdr gS %& “Considering the facts and circumstances of the case respondents no.-02 the Director in Chief, Health Services Government of Bihar is directed to consider the claim of the petitioner and in case he would be satisfied that one post of senior scientific Assistant is Lying vacant in the laboratory and the petitioner is eligible for same, necessary notification shall he issued promoting the petitioner to the post aforesaid within a period of six weeks from the date of receipt/production of a copy of this order. ^^ Jh ;ksxsUnz izlkn flag dh fu;qfDr QkekZflLV ds in ij o’kZ 1983 esa flfoy ltZu] iVuk }kjk dh x;h Fkh A ckn esa la;qDr funs”kd] Lok0 lsok,Wa] fcgkj] iVuk ds i=kad&25¼25½ fnukad 31@01@89 }kjk mUgsa mik/kh{kd] xnZuhckx vLirky ls LFkkukUrfjr dj vkS’kf/k fu;a=.k iz;ksx”kkyk] vxedqvkWa iVuk esa rduhdh (Technician) ds in ij fd;k x;k Fkk ijUrq in :ikUrj.k ugha fd;k x;k gS A Jh flag orZeku esa QkekZflLV dk osrueku ¼4500&7500½ ys jgs gSa ijUrq de osrueku ¼4000&6000½ okys in rduhdh ds in ij dk;Zjr gSa A Rkduhdh] ojh; oSKkfud lgk;d ,oa QkekZflLV dk laoxZ osrueku ,oa ;ksX;rk fHkUu&fHkUu gS A ojh; oSKkfud lgk;d ds in ij fu;qfDr gsrq ;ksX;rk ch0 ,l0 lh0 ¼Chemistry½ rFkk osrueku 5000&8000 gS] tcfd QkekZflLV ds in ij fu;qfDr gsrq ;ksX;rk vkbZ0 ,l0 lh0 $ nks o’khZ; QkesZlh esa fMIyksek gS rFkk osrueku 4500&7000 gS A iwoZ esa ojh; oSKkfud lgk;d ds in dks iz;ksx”kkyk izkoSf/kd ls izksUufr }kjk Hkjk x;k gS A pwWafd Jh flag dh fu;qfDr ewyr% QkekZflLV ds in ij dh x;h Fkh vkSj QkekZflLV dk in rduhdh@ojh; oSKkfud lgk;d ds laoxZ ls fHkUu gS] vr% ek= “kS{kf.kd ;ksX;rk 4 ds vk/kkj ij ojh; oSKkfud lgk;d ds in ij izksUufr dk nkok fu;elaxr ,oa ;qfDrlaxr ugha gksus ds dkj.k vuqekU; ugha gS A Qyr% Jh flag ds nkok dks [kkfjt fd;k tkrk gS A lkFk gh vkns”k fn;k tkrk gS fd bUgsa QkekZflLV ds fjDr in ij inLFkkfir fd;k tk; A funs”kd izeq[k] Lok0 lsok,Wa fcgkj]iVuk ** Thus, when the petitioner is not in a position to dislodge the basic fact of his substantial appointment being on the post of Pharmacist and the post of Pharmacist not being the feeder post of the promotional channel on the post of Senior Scientific Assistant, there would be little option for this court but to approve the impugned order passed by the authority. At this stage Mr. Choudhary, learned Senior counsel, would submit that this writ application has remained pending for almost four years during which the working status of the petitioner may have undergone a change. This Court however would not like to make any observation in this regard but it is well settled that if there be any fresh or future cause of action, that will not be nipped in bud only because his claim for promotion on the post of Senior Scientific Assistant on the basis of his being holder of substantive post of 5 Pharmacist has been rejected. That being so, if the petitioner will have any fresh cause of action for his promotion, he also always has a right to agitate the same and claim it either before the authority or before this Court. With the aforementioned observation this application is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/