IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4417 of 2004 RAM KALYAN SINGH SON OF SRI KRISHNACHANDRA SINGH RESIDENT OF VILLAGE & P.O. RASALPUR, P.S. PATORI DISTRICT SAMASTIPUR, PRESENTLY RESIDING AT BOSE COMPOUND, RAMNA, CLUB ROAD, MUZAFFARPUR. Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY CUM AGRICULTURE PRODUCTION COMMISSIONER, BIHAR, PATNA. 2. THE DIRECTOR, DEPARTMENT OF AGRICULTURE, GOVT. OF BIHAR, PATNA. 3. THE JOINT AGRIGULTURE DIRECTOR (PLANT PROTECTION), BIHAR, PATNA. 4. THE ASSISTANT AGRICULTURE DIRECTOR (PLANT PROTECTION), TIRHUT DIVISION, MUZAFFARPUR. ----------- 3 19/07/2010 Claim of the petitioner is that even though he was initially appointed on the post of Peon in the office of the Assistant Agriculture Director (Plant Protection) Muzaffrarpur, he has been made to work as a Clerk-cum- Typist. The post is vacant and he is not being promoted on a substantive regular manner on the said post. Stand of the respondents is that appointment on the post of Clerk-cum-Typist from Class IV post is by way of limited competitive examination. Petitioner had earlier sat for the aforesaid examination but did not qualify. There is no other avenue of promotion of a Peon on the post of Clerk- cum-Typist. Therefore, his claim of promotion cannot be - 2 - maintained. They have also stated that looking at his so called claim and the skill, he was utilised as a typist but that by itself does not give him right of promotion. Learned counsel for the petitioner submits that he wants a direction upon the respondents to atleast consider his case along with others as and when occasion arises which should be sooner than later as no examination has been conducted for more than ten years. Case of the petitioner can be considered at an appropriate time when steps are taken to fill up the post by way of promotion by limited competitive examination. As and when steps are taken to fill up the post, the petitioner will have an opening but for that he has to establish his skill by passing the examination. No direction for promotion can be given by this Court since there is no avenue of promotion in normal course of things from the post of Peon to that of Clerk-cum-Typist. This writ application has no merit. It is dismissed. AMIN (Ajay Kumar Tripathi, J.)