IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12 of 2007 ==================================================== MD.TASLIM AHMAD, SON OF LATE ABDUL MALICK, RESIDENT OF GOLA ROAD, BAKARGANJ, P.S. PIRBAHORE, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HOME GOVERNMENT OF BIHAR, PATNA. 3. THE COMMANDANT GENERAL BIHAR HOME GUARDS CHHAJJUBAGH PATNA. 4. THE DEPUTY COMMANDANT GENERAL BIHAR HOME GUARDS CHHAJJUBAGH PATNA. 5. THE COMMANDANT, BIHAR HOME GUARD, CHHAJUBAGH, PATNA. 6. DIVISIONAL COMMANDANT, BIHAR HOME GUARDS, PATNA DIVISION, PATNA. For the petitioner : Sri Binodanand Mishra, Advocate. For the State : Mr. Upendra Kr. Singh, AC to SC-19. 03. 04.07.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the force order no.21/97 dated 1.7.1997, Annexure-4 whereunder he has been granted promotion on the post of Havildar Instructor with effect from the date of order i.e. 1.7.1997. It is submitted on his behalf that earlier case of the petitioner for such promotion was not considered as he was not trained. From perusal of force order no.169/93 dated 11.7.1993, Annexure-3 it would appear that petitioner passed the training examination and the authorities ought to have considered his case for promotion as Havildar Instructor with effect from 11.7.1993 as his other juniors stood 2 so promoted much prior to 11.7.1993. Highlighting the aforesaid aspect of the matter petitioner filed representation dated 10.11.2005, which is addressed to the Commandant, Bihar Home Guards, Patna. When aforesaid representation dated 10.11.2005 was not considered petitioner approached this Court by filing the present writ petition on 3.1.2007. 3. From narration of events above, it is quite evident that petitioner himself represented for grant of promotion from the date of passing of the training examination under representation dated 10.11.2005 i.e. after about 13 years of passing the training examination and after 8 years of grant of promotion. In view of the delay caused by the petitioner himself, I am not inclined to direct the authorities to shift back the date of promotion of the petitioner from 1.7.1997 to 11.07.1993. The writ petition is, accordingly, dismissed, however with direction to the authorities to consider the case of the petitioner for grant of promotion on the post of Company Commander within reasonable time not exceeding three months, provided he is eligible for the said post. Rajesh/ ( V. N. Sinha, J.)