IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5392 of 2005 1.SHIV SHANKAR PATHAK, SOOF LATE HARIBANSH PATHAK, R/O BARANVA, P.S.- ANDAR, DISTRICT- SIWAN. Versus 1. THE STATE OF BIHAR 2. HOME COMMISSIONER, GOVERNEMTN OF BIHAR. 3. DIRETOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, PATNA 4. I.G.,PATNA ZONE,PATNA. 5. D.I.G. SAHABAD RANGE. 6. SUPERINTENDENT OF POLICE , BUXAR. 7. I.G. DARBHAGA ZONE, DISTRICT- DARBHANGA. 8. D.I.G. KOSHI RANGE ,SAHARSA. 9. SUPERINTENDENT OF POLICE,SUPAUL FOR THE PETITONER:MR. SHIWJAG CHOUDHARY FOR THE STATE: MR. BINIT KUMAR A.C .TO G.A 9. ----------- 3. 03.05.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. Petitioner’s prayer is for a direction to the respondents to promote him on the post of Sub Inspector of Police with effect from 01.10.1995 with all consequential benefits. The petitioner was appointed as a constable on 01.10.1971 and passed the Hindi Noting and Drafting examination in the year 1980 and on completion of 10 years of his service was promoted to the post of Assistant Sub Inspector of Police on 01.10.1981. He was confirmed on the post of A.S.I. of police with effect from 01.06.1983 by the orders of 2 Director General of Police. Specific case of petitioner is that the Central Selection Board found him suitable for the purpose of promotion on the post of Sub Inspector of Police and recommended his name for promotion but he was not promoted to the post of Sub Inspector of Police, no letter of promotion was issued by the competent authority. The petitioner is claiming his promotion to the post of Sub Inspector of police, with effect from 01.10.1995 as per his seniority in the gradation list and also on the basis of recommendation made by the Central Selection Board. Counter affidavit has been filed on behalf of the respondent No.2 stating that petitioner’s claim for promotion to the rank of Sub Inspector of police with effect from 01.10.1995 is not permissible, considering his position in the seniority list. Earlier, promotion to the post of Assistant Sub Inspector of Police and Sub Inspector of Police used to be given on the basis of State seniority list prepared and issued in light of the police order No. 204/1988. In this gradation list, seniority was reckoned either from the date of appointment in the rank of constable or from the date 3 of passing matriculation examination, after joining the service. This gradation list was quashed under the orders of the High Court passed in C.W.J.C.No. 55/93. As per the direction of the High Court, new state wise gradation list was prepared for consideration of promotion to the rank of Assistant Sub Inspector of police and Sub Inspector of Police. In the new seniority list, prepared in the year 2000, position of petitioner is at Sl.No. 2314(a). The Central Selection Board held it’s meetings in the year 2002 and 2004, for giving promotion to the post of Sub Inspector of Police. Persons up to the rank of 654 were found eligible for promotion in the general category and were recommended for promotion with effect from 05.03.2002. So far the petitioner is concerned, at the relevant time he was within the consideration zone, petitioner’s case for promotion was considered by the Central Selection Board in the year 2005 and he has been given promotion to the rank of Sub Inspector of Police vide order bearing Memo No. 79/p2 dated 18.07.2006. Considering the uncontroverted statement 4 in the counter affidavit , I do not find any claim of the petitioner regarding promotion with effect from 01.10.1995. Petitioner is claiming his promotion on the basis of gradation list which has already been quashed so far the gradation list prepared in the year 2002 is concerned i.e. final as it was not challenged by the petitioner. Promotion given to the petitioner as per his seniority and availability of sanctioned vacant posts is legal and proper petitioner has already been given promotion with effect from 2006. There is no merit in this case as such. This writ application is dismissed. Nitesh ( Mridula Mishra, J.)