IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8189 of 2003 UDAY MAHTO, son of late Bibhishan Mahto, resident of village Bahiara, P.O. Narhi Chandi, P.S. Chandi, District Bhojpur … Petitioner Versus 1. THE STATE OF BIHAR, through the Chief Secretary, Govt. of Bihar, Patna 2. The Director General cum Inspector General of Police, Bihar, Patna 3. The D.I.G. of Police Headquarter, Bihar, Patna 4. The D.I.G. of Police, Personnel, Bihar, Patna 5. The A.I.G. of Police, Welfare, Bihar, Patna … Respondents. ----------- 3. 4.1.2010 No one appears for the petitioner. In this writ application the prayer of the petitioner reads as follows: “This is an application for issuance of appropriate writ, order or direction to the respondents to shift the date of promotion in the rank of sub-inspector of police from 2.6.92 to 18.3.81 from the date when his juniors were promoted in the rank of S.I. of Police and for grant of all consequential benefits including arrears pay on the promoted post of S.I.” Counsel for the State has drawn attention of this Court towards paragraphs no. 4, 5 and 6 of the counter affidavit which reads as follows: “4. That with regard to the statements made in paragraph 8 to 12 of the writ petition, it is 2 stated that prior to 1989 promotion to the post of S.I. was being granted by the concerned Range D.I.G. on the basis of vacant posts available in their Ranges. The name of the petitioner and officer Sub- inspector whose name are mentioned on the writ petition were posted separately in different Ranges and they have been granted adhoc promotion according to vacancies available in this Ranges. New, promotion is given to the rank of S.I. on the basis of state seniority list prepared on date of regular promotion. As such, the claim of the petitioner for granting promotion on the basis of date of adhoc promotion in not tenable. 5. That it is further submitted that in the year 1989, promotion to the post of S.I. had been granted according to the state seniority list. Therefore, the petitioner alongwith the seniors and juniors to him were granted promotion to the post of S.I. w.e.f. 20.5.1992. 6. That it is relevant to mention here that the principle of counting seniority on the basis of adhoc promotion has been set aside by the order passed by the Hon’ble Apex Court in civil Appeal No. 3005 of 2000 (arising out of S.L.P.(C)No. 3 12013 of 1998) State of Bihar versus Brij Bihari Prasad & ors. Therefore, the claim of the petitioner to grant promotion of the post of S.I. with retrospective effect on the basis of adhoc promotion is not acceptable.” There is no denial to the aforementioned statement in the counter affidavit though copy thereof was served on the counsel for the petitioner on 9.7.2008. In view of the fact that the promotion in the Police Department on the post of Sub Inspector is always made on the basis of regular promotion and not adhoc promotion as also the fact that the petitioner has approached this Court for dating back his promotion from 2.6.1992 to 18.3.1981 after at least 11 to 22 years, this writ application both on merit as also on account of unexplained delay and laches is hereby dismissed. (Mihir Kumar Jha,J.) Surendra/