IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11590 of 2010 ====================================================== 1. Raghav Prasad S/O Ram Krishna Prasad R/O Vill.- Fatehpur, P.S.- Shahkund, Distt.- Bhagalpur, Presently Posted As Probation Officer, District Probation Office, Munger 2. Mahendra Lal Prasad S/O Late Rajendra Prasad Singh R/O Vill. + P.O.- Lala Bhadsara, P.S. Dulhin Bazar, Distt.- Patna, Presently Posted As Probation Officer, Sub-Divisional Probation Office, Madhepura 3. Satyendra Prasad S/O Sri Ram Yad Prasad R/O Vill.- Manguraha, P.O. + P.S.- Gaunaha, Distt.- West Champaran, Presently Posted As Probation Officer, Distt.- Probation Office, Patna 4. Vijay Prasad S/O Late Girwar Ram R/O Vill.- Mohanchak, P.O.- Akhtiyarpur, P.S.- Bikram, Distt.- Patna, Presently Posted As Probation Officer, Inspectorate Of Jail, Home (Jail) Department, Old Secretariat, Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Home Secretary, Government Of Bihar, Patna 3. The Inspector General Of Prisons, Bihar, Patna 4. The Director, Probation Services, Bihar, Patna 5. The Deputy Secretary, Home (Special) Department, Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushkar Narain Shahi For the Respondent/s : Mr. (Ga10) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 24-11-2011 Heard learned counsel for the petitioners and learned counsel for the State. The relief sought is to be considered for grant of promotion on the posts of Principal Probation Officers. It is submitted that the petitioners hold the post of Probation Officers. They fulfil the requirements to be considered for the next promotional post of Principal Patna High Court CWJC No.11590 of 2010 (2) dt.24-11-2011 2 Probation Officers. They are working on the former post for the last 28 years without any avenues for promotion. The grant of anti stagnation relief is no remedy for the right to be considered for substantive promotion. Though there cannot be a right of promotion, there is a fundamental right to be considered in time for a promotion. The Government is bound to provide avenues for promotion as has been held in more than one judgment of the Supreme Court and employees cannot be permitted to stagnate on the same post, especially when avenues of promotion are available. The respondents in their counter affidavit in no uncertain terms acknowledge the responsibility to consider the petitioners for promotion, but seek to urge procedural issues with which the petitioners are not concerned. To the satisfaction of the Court from the pleadings in the counter affidavit, the onus lies on the respondents alone. The Court has no hesitation in holding that the entire tenor of the counter affidavit is towards a willingness to consider for promotion. It is construed as an undertaking and assurance by the respondents to this Court to consider the case of the petitioners for promotion in accordance with law when they use the words that the consideration shall be ‘soon’. The respondents are therefore directed to fulfil their undertaking and assurance to this Court by such Patna High Court CWJC No.11590 of 2010 (2) dt.24-11-2011 3 consideration for promotion and final orders passed within a maximum period of six months from the date of receipt/presentation of a copy of this order. After such consideration, depending on the outcome if the petitioners have any surviving grievance for the same and they represent, the Court expects the respondents to discharge their duties appropriately by disposing the same expeditiously and not generating litigation again of the present nature by their inaction. The writ application is disposed. Krishna Chandra Jha/- (Navin Sinha, J)