IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9538 of 2000 LAXMI THAKUR S/O Sri Gena Thakur, R/O Village-Bishunpur, P.O.Mirzapur, Bandowar, P.S And District-Begusarai……………petitioner Versus 1. THE STATE OF BIHAR 2. The Director (Indigenous Medicines),Directorate of Indigenous System of Medicines.Govt.of Bihar, Secretariat, Vikas Bhawan. 3. The Collector-cum-District Magistrate, Begusarai. 4. The Deputy Collector(Establishment), Begusarai Collectorate, Begusarai. 5. The Principal, Rajkiya Aydhaya Shivkumari Ayurveda Mahavidayala, Begusarai, Dist- Begusarai………Respondents. ----------- For petitioner:-Mr.J.P.Kishore,Adv For State:-Mr. Amarendra Kumar, JC to Pleader No.11. 5/ 25.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is desirous of getting a promotion from Class-IV post to Class-III post as per policy decision of the State Government contained in Resolution dated 16th September, 1992 (Annexure-4). Petitioner is presently working as a peon in Government Ayurvedic College at Begusarai. This Court is not concerned whether petitioner is actually promoted or not to Class-III post but the grievance of the - 2 - petitioner is that he is being denied the opportunity to be considered for such promotion contrary to policy decision contained in Annexure-4. It has been shown that at more than one place in the said Resolution it is reiterated that in future ever year a limited competitive examination shall be organized for giving opportunity to Class-IV employees for promotion on the post reserved for Class-IV employees. On facts it appears that the last advertisement was in the year 1993 and the decision to hold annual limited competitive examination is being observed only in breach. Learned counsel for the State has not been able to show that the Resolution dated 16.9.1992 (Annexure-4) has been superseded or modified by any other policy decision relating to this subject. In the facts and circumstances of the case, the writ petition is allowed to the limited extent that the respondents are directed to act as per their policy decision contained in Annexure-4 or any other subsequent policy decision covering the same subject and - 3 - ensure that opportunity is given to the petitioner and other Class-IV employees of being considered for promotion to Class-III post without delay and within one year’s time as indicated in Annexure-4. perwez (Shiva Kirti Singh,J.)