IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4052 of 2007 Dr. Shubhankar Thakur, son late Sahdeo Thakur, resident of Village Muradpur, P.S. Nauhatta, Dist. Saharsa. ------- Petitioner Versus 1. The State of Bihar through the Secretary, Department of Health, Medical Education and Family Planning. 2. The Secretary, Department of Health and Medical Education and Family Planning, Govt. of Bihar, Patna. 3. The Addl. Secretary, Department of Health Medical Education and Family Planning, Govt. of Bihar, Patna. 4. The Under-Secretary, Department of Health and Medical Education and Family Planning, Govt. of Bihar, Patna. 5. The Director, Homeopathy, Department of Health Services, Govt. of Bihar, Patna. 6. The Deputy Director, Homeopathy, Indigenous Health Services, Govt. of Bihar, Patna. --------- Respondents ----------- 3 16.08.2011 Having heard learned counsel for the parties and taking into account that not only the petitioner’s earlier writ application for the same cause of action has stood dismissed but, even otherwise, his promotion on the post of Homeopathy Doctor, by virtue of his holding the post of Compounder, would not be sustainable, inasmuch as, the Government way back in the year 1994 has taken a policy decision that no such promotion will be admissible from the post of Compounder to the post of Homeopathy Doctor. The last part of the submission of the learned counsel for the petitioner that a person junior to the petitioner had been given such promotion also does not seem to be 2 correct, inasmuch as, the said person, namely, Hazari Prasad was promoted in the year 1976 when the 1994 Government order, banning such promotion, was not in vogue. Moreover the petitioner’s own appointment on the post of Compounder being in the date of 19.2.1974, he cannot claim that he was even senior to Mr. Hazari Prasad who, as indicated above, was already given promotion in the year 1976 at a point of time when the petitioner had not even completed the prescribed Kalawadhi for earning such promotion. Considering all these aspects independently and cumulatively, this Court would find that this writ application has got no merit and the same is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)