IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.518 of 2007 1. THE STATE OF BIHAR, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna 2. The Commissioner-cum-Secretary, Mines and Geology, Department of Mines and Geology, Government of Bihar, Patna 3. The Additional Secretary, Mines and Geology, Department of Mines and Geology, Govt. of Bihar, Patna 4. The Under Secretary, Mines and Geology, Department of Mines and Geology, Govt. of Bihar, Patna … Respondents-Appellants Versus 1. LAKSHMI PRASAD SAHU, SON OF LATE H.N.SAHU, RESIDENT OF MOHALLA-BRAHAMPURA, P.S. BRAHAMPURA, DISTRICT- MUZAFFARPUR, AT PRESENT RESIDING AT HOUSE NO. MIG-32, MIG HOUSING COLONY, KANKARBAGH, PATNA-20 2. SHRI LAKHAN RAM, SON OF LATE LALO RAM, RESIDENT OF VILLAGE- BEKOPAR, P.S. AND DISTRICT-KODARMA, AT PRESENT RESIDING AT JHUMRITILAIYA, WARD NO. 14, P.S. JHUMRITILAIYA, DISTRICT- KODARMA- JHARKHAND … RESPONDENTS ----------- 11 24.06.2011 The present appeal has been filed by the State of Bihar aggrieved by the order dated 17.05.2007 passed in C.W.J.C. No.15050 filed by the unofficial respondent seeking direction to give him regular promotion as Deputy Director, (Mines)/Additional Director (Mines)/ and Director (Mines) with effect from the date it became due. When the learned Single Judge has dealt with the matter in extenso has allowed the writ petition with a direction to the appellant to restore the respondent’s ad-hoc promotion to the post of Additional Director (Mines) 2 forthwith from the date petitioner was given regular promotion. During the course of admission of the L.P.A., a Supplementary Counter Affidavit has been filed, which has become part of the record of this case by order dated 25th August, 2008, wherein it has been stated that there is only one post of Additional Director ( Mines) and that has already been filled and there is no sanctioned post of Additional Director (Mines) which was sanctioned for Bihar after bifurcation of Bihar, and therefore, it is not possible to give him promotion to the post of Additional Director (Mines). Now, it has been observed by the Division Bench that only issue to be decided in the present appeal with regard to the promotion to the post of Additional Director(Mines) and as to whether the respondent no.1 would be given promotion to the post of Additional Director (Mines) as not a single post of Additional Director (Mines) has been sanctioned. During the course of hearing of the present appeal, the learned Government Pleader has submitted that in absence of sanctioned 3 post of Additional Director (Mines), it is not possible to provide respondent no.1 the said post. But however, the learned counsel for the respondent has disputed the said fact stating that sanctioned post is available it is accepted in the supplementary counter affidavit. We are of the opinion that in absence of any sanctioned post, this court cannot compel the appellants to promote respondent no.1. But however, as the said fact has been disputed, we feel it proper if a direction is issued to the Chief Secretary, Govt. of Bihar to deal with the original records with regard to availability of sanctioned post of Additional Director( Mines) and if the record reveals that there is sanctioned post of Additional Director (Mines) then it would suffice, if a direction is issued to the appellant-State to effect the promotion as per rules. It is also made clear that if any false affidavit has been filed before this Court to the effect that no post of Additional Director is available irrespective of the fact that an additional post is available, we direct the 4 Chief Secretary, Govt. of Bihar to look into the matter as per law. We also give liberty to the appellant to agitate the matter anywhere if he feels aggrieved. With the above observation and direction this appeal is disposed of. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)