IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.463 of 2010 1. JANG BAHADUR SINGH S/O LATE DEO MANI SINGH R/O SANTOSH HOMEO DAWAKHANA, BAJAR SAMITI ROAD, P.S.BUXAR, DISTT- BUXAR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT BIHAR, PATNA 3. THE JOINT SECRETARY, ROAD CONSTRUCTION DEPARTMENT BIHAR, PATNA 4. THE DEPUTY SECRETARY (MANAGEMENT CELL), ROAD CONSTRUCTION DEPARTMENT BIHAR, PATNA 2 25.6.2010 Heard counsel for the petitioner and the counsel appearing for the State. Counter affidavit has been filed on behalf of Deputy Secretary (Management Cell), Road Construction Department, Bihar, Patna Respondent no.4. The writ application has been filed by the petitioner for a direction to the respondents to consider his case for promotion to the post of Executive Engineer which is not being considered due to punishment awarded to him in a departmental proceeding. The punishment awarded to the petitioner related to withholding of three increments with non-cumulative effect, posting against non-works for three years and - 2 - depriving from salary other than subsistence allowance for the period of suspension. Counsel for the petitioner submits that all these punishments are minor as notified under Rule 14 of C.C.A. Rules, 2005 and for no reason, the respondent authorities are not considering the case of the petitioner for promotion. In Para 6 of the writ application, there is specific averment that the consideration for promotion to the post of Executive Engineer has been made up to serial no. 850 from the interse seniority of Assistant Engineer and the Departmental Promotion Committee has recommended for promotion the case of similarly situated persons, who are up to serial no. 850. Petitioner’s position is at serial no. 848(A) in the general category list. He should have been promoted but that has not been done. In the counter affidavit filed on behalf of respondent no.4, there is specific denial made in Para 6 of the writ application. It is stated that the Departmental Promotion Committee in its - 3 - meeting dated 21.12.2009 had considered the cases of promotion and the cases of persons belonging to general category up to serial no. 716 were considered. Since the name of the petitioner finds place at serial no. 848(A) of this gradation list, his turn has not come. It has also been stated that the writ application filed by the petitioner is premature. There is no denial of the fact that the petitioner will be given promotion when his turn will come. The counsel appearing for the petitioner admits that promotions given to persons juniors to petitioner, in the general category list have subsequently been cancelled. Considering the subsequent development, at present petitioner has no case. No one junior to him, in the general category have been given promotion. There is specific averment in the counter affidavit that petitioner’s promotion has been considered, but he could not be promoted due to availability of only 78 vacancies, and only cases up to serial - 4 - No. 716 in the general category could be given promotion. Petitioner will have a case only when any one junior to the petitioner is either recommended or granted promotion, who is below in gradation list since it has not been done and in future his case will be considered, as stated in counter affidavit. This application is disposed off. (Mridula Mishra,J.) A.kumar