Letters Patent Appeal No.1141 OF 1998 ******* Against the Judgement and Order dated 10th September, 1998 passed in CWJC no. 5802 of 1995. ******* RANA RANJEET SINGH S/O LATE BANKE BIHARI SINGH, AT PRESENT POSTED AS ASSISTANT MANAGER, UNITED INDIA INSURANCE COMPANY LTD. REGIONAL OFFICE, CHANKYA COMPLEX, 3RD FLOOR, R’ BLOCK, P.S. KOTWALI, DISTRICT- PATNA. -------------Appellant Versus 1. THE UNITED INDIA INSURANCE CO. LTD., THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR, 24 WHITES ROAD, MADRAS- 600 014. 2. SRI V.S. CHOPRA, S/O NAME NOT KNOWN, PRESENTLY POSTED AS REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., LUDHIANA, PUNJAB. 3. SRI K.K. MISHRA, S/O NOT KNOWN, PRESENTLY POSTED AS MANAGER, UNITED INDIA INSURANCE CO. LTD., 24 WHITES ROAD, MADRAS-600 014. 4. THE ASSISTANT GENERAL MANAGER, THE UNITED INDIA INSURANCE CO.LTD., 24 WHITES ROAD, MADRAS-600 014. -----Respondents ******* For the Appellant : Mr. Dilip Kr. Tiwary For the Resoindents : Mr. R.C.L. Das ******* P R E S E N T THE HON'BLE JUSTICE SMT. T. MEENA KUMARI THE HON'BLE MR. JUSTICE AKHILESH CHANDRA T. Meena Kumari & Akhilesh Chandra, JJ. The present Letters Patent Appeal is filed against the order of the learned single Judge 2 remanding the matter to the respondent-authorities for considering the matter of the promotion of the appellant herein. 2. Learned counsel for the appellant has contended that the post of Deputy Manager is a promotional post and not selection post and as the learned single Judge has treated the `promotional post` as that of `selection post`, the present appeal has been filed aggrieved by such observation. Even though the contention sought to be made before us that the post is promotional post and not selection post no material has been produced before us. 3. Learned counsel for the Insurance Company has submitted that during the pendency of the appeal the appellant has been promoted on ad-hoc basis but subsequently the promotion has been withdrawn because of the fact that a criminal case was pending against the appellant. Learned counsel for the appellant has submitted that the appellant has been acquitted very recently by the High Court in the said criminal appeal. In view of the acquittal of the appellant in the criminal appeal, as submitted by 3 the learned counsel for the appellant, the learned counsel for the respondents submits that the appellant had been promoted on ad-hoc basis to the post of Deputy Manager by treating the post as selection post during the pendency of appeal but it has been subsequently withdrawn. We make it clear that the main grievance of the learned counsel to treat the post as of the `selection post` even though it is a promotional post as the concerned Rules are not made available to this court to arrive at a decision, whether the particular post falls under the category of `promotional post` or `selection post` this court is of the opinion that the case of the appellant has to be treated as per Rules governing such promotion. 4. In our opinion no cause of action survives. Accordingly, the Letters Patent Appeal is dismissed. (T. Meena Kumari, J.) ( Akhilesh Chandra, J.) Patna High Court, The 02nd May, 2011 AAhmad/(N.A.F.R.)