IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11145 of 1996 SURENDRA PRASAD SRIVASTAVA SON OF LATE TARNI PRASAD C/O. SRI B. NATH, NEW AREA, JAKKANPUR, PATNA AT PRESENT POSTED AS JUNIOR ENGINEER IN THE IRRIGATION DEPARTMENT, JAMSHEDPUR UNDER THE CHIEF ENGINEER, MINOR IRRIGATION DISTRIBUTION ORGANISATION. Versus STATE OF BIHAR & ORS ----------- 3 16/11/2010 None appears for the petitioner to press this writ application. Learned counsel for the State is present. A detailed counter affidavit in support of the decision contained in annexure-10 has been filed. Stand of the State is that the post of Junior Engineer was to be filled up by direct appointment after 2.11.1987 on the recommendation of the Bihar Public Service Commission. There was no other mechanism or methodology to grant promotion to the petitioner to the post of Junior Engineer. There is clear mandate of the Personnel Department that illegally petitioner came to be promoted to the post of Junior Engineer and when this fact came to the notice of the authorities, necessary benefit had to be withdrawn because allowing such a benefit in favour of the petitioner would be contrary to the settled procedure and the methodology by which such - 2 - posts were to be filled up. Since petitioner came to occupy the post by promotion it was illegal per se. Policy and decision of the respondent State are rather clear that since the posts of Junior Engineer are to be filled up only by direct recruitment by a competitive examination, obviously petitioner came to acquire the benefit which he was not entitled to. Any decision or benefit granted by the Subordinates will not bind the government and in absence of any channel of promotion to the post to which the petitioner was illegally granted promotion, withdrawal of the same cannot be said to be arbitrary or malafide in any manner. This writ application has no merit. It is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)