IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17432 of 2008 Abdul Kalam Azad, SON OF LATE ABDUL SAKUR, RESIDENT OF VILLAGE- PAKARI ARRAH, P.S.- NAWADA, DISTRICT- BHOJPUR :---PETITIONER. Versus 1. The State Of Bihar 2. THE DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, PATNA. 3. THE INSPECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, PATNA. 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, PATNA. 5. THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RANGE (B.M.P.-5), GOVERNMENT OF BIHAR, PATNA. 6. THE COMMANDANT, MOUNTANT MILITARY POLICE, HEAD QUARTER, BHOJPUR AT ARRAH :--RESPONDENTS. ----------- 3. 08.07.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is presently serving as Havildar in the Mounted Military Force. He has filed this writ petition praying, inter alia, to direct the Commandant to consider his case for promotion on the post of Zamadar as Kripal Singh and Yogendra Singh have been so promoted, although, they have not passed the required training examination, which is evident from Bihar Military Police Headquarter Office Order No. 134/2002, Annexure-2, whereas petitioner has passed the said examination, which is also evident from the said Annexure-2. 3. Counsel for the State has opposed the prayer. He states that petitioner, Kripal Singh and Yogendra Singh, all the three were appointed as Rider Constable on different dates and thereafter Kripal Singh and Yogendra Singh got promoted as Havildar with effect from 15.11.1980 and 01.07.1982 when the requirement of training was not 2 necessary for being promoted on the post of Havildar. Having become Havildar without obtaining training they have been considered also for promotion on the post of Zamadar and, accordingly, promoted. Petitioner passed the training examination in 2002 whereafter he was considered for promotion and granted promotion as Havildar with effect from 01.07.2002. It is further submitted that petitioner cannot claim seniority at par with Kripal Singh and Yogendra Singh as they stood promoted as Havildar with effect from 15.11.1980 and 01.07.1982 even before the training requirement was provided for promotion on the post of Havildar. Petitioner having been promoted as Havildar in 2002 and Kripal Singh and Yogendra Singh having been promoted as Havildar with effect from 15.11.1980 and 01.07.1982, in my opinion, petitioner cannot compare himself with aforesaid Kripal Singh and Yogendra Singh. 4. Counsel for the petitioner then submitted that the chart, Annexure-C appended with the counter affidavit on the basis of which submission has been made that Kripal Singh and Yogendra Singh were promoted as Havildar on 15.11.1980 and 01.07.1982 does not reflect the correct position as the records have been manipulated to protect the interest of Kripal Singh and Yogendra Singh and this Court should ask the respondent authorities to produce the order by which Kripal Singh and Yogendra Singh were promoted as Havildar on 15.11.1980 and 3 01.07.1982. In this connection he also referred to the Military Police Permanent Order No. 82/2000 bearing Memo No. 1239 dated 08.06.2000, Annexure-R6/B, whereunder training qualification was introduced for consideration and grant of promotion on the post of Havildar. Reference by the counsel for the petitioner to the Military Police Order dated 08.06.2000, Annexure-R6/B to assail the case of Kripal Singh and Yogendra Singh is wholly misconceived as they were promoted as Havildar with effect from 15.11.1980 and 01.07.1982 much prior to the issue of the order dated 08.06.2000, as such, the condition provided under the said order was not required to be observed before consideration and grant of promotion to the aforesaid Kripal Singh and Yogendra Singh. Petitioner having been promoted as Havildar in the year 2002 cannot compare his case with Kripal Singh and Yogendra Singh who have been promoted as Havildar with effect from 15.11.1980 and 01.07.1982. 5. In view of my discussion above, I do not find any merit in this writ petition which is, accordingly, dismissed. P.K.P. (V.N.Sinha,J.)