IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3079 of 2007 Nand Kishore Chaubey, SON OF LATE RAGHU NATH CHOUBEY, RESIDENT OF VILLAGE- GURAHA, P.S.- GOVIND GANJ, DISTRICT- EAST CHAMPARAN :---PETITIONER. Versus 1. The State Of Bihar 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, BIHAR, MAIN SECRETARIAT, PATNA. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE (PERSONNEL) MAIN SECRETARIAT, PATNA. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, MAGADH RANGE, GAYA. 5. THE SUPERINTENDENT OF POLICE, ROHTAS :--- RESPONDENTS. ---------------------------------- 2. 12.09.2011. Heard learned counsel for the petitioner and the State. 2. During the pendency of the writ petition petitioner superannuated while serving as Sub- Inspector of Police with the District Police, Rohtas with effect from 30.6.2009. He has filed this writ petition praying, inter alia, to direct the State-respondents to consider his case for promotion on the post of Inspector of Police as others junior to the petitioner included at Serial No. 1196, 1244, 1370, 1378 of the Gradation List have already been so promoted. Serial number of the petitioner in the Gradation-List is 760(A). 3. By filing counter affidavit the State- respondents have opposed the prayer by stating that petitioner has been promoted as Sub-inspector of Police in the year 1994 and thereafter no junior to him has been promoted as Inspector of Police. 4. In the counter affidavit there is no denial of 2 the fact that the serial number of the petitioner in the Gradation-List is 760(A) as also that Serial No. 1196, 1244, 1370, 1378 have already been promoted as Inspector of Police. In view of the fact that junior to the petitioner in the Gradation List having Serial No. 1196, 1244, 1370, 1378 already been promoted as Inspector of Police, and such fact having not been disputed in the counter affidavit, I have no option but to direct the State-respondents to consider the case of the petitioner for promotion on the post of Inspector of Police with effect from the date his juniors were so promoted. Necessary consideration in this regard be made by the competent authority, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order before the competent authority. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)