IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2944 of 2009 Shambhu Prasad @Shambhu Pd.Ram . Versus Rajendra Agri.University &Ors . ----------- 3 4.7.2011 Initially, the petitioner had been appointed on the post of daily wager in Rajendra Agricultural University, Bihar Patna on 26.10.1972. He was regularized on the same post on 12.6.1975. Thereafter he was appointed on the post of Daftari on 8.8.1978. Petitioner appeared in limited competitive test held on 5.10.1999, for promotion of Class IV employees to class III posts. was declared successful for being promoted to Class III post. A merit panel was prepared, as per the statement made in the counter affidavit. Petitioner’s position was fifth in the merit list. Till now, four persons from this panel have been given promotion to Class III posts. But so far petitioner is concerned, he has not been promoted to Class III post, as such this writ application has been filed by the petitioner for a direction to the university authorities to promote him to the Post of Duplicating Machine Operator. In the counter affidavit it has been admitted that petitioner appeared in the limited Competitive 2 examination and was declared successful. In the panel of successful candidates petitioner’s position is fifth. It has also been stated that the University is considering petitioner’s case for appointment by way of promotion against the vacancy in Class III post and order will be issued as soon as possible. I fail to understand, if list was prepared in the year 1999, what is the reason for not issuing letter of appointment in favour of the petitioner, promoting him to Class III post, in case of existing vacancy. This application is being allowed, directing the respondent Nos. 2, 3 and 4 to issue appointment- cum- promotion letter in favour of the petitioner within a period of four weeks from the date of communication of this order. Petitioner must be appointed by way of promotion on sanctioned vacant Class III posts. A. Kumar ( Mridula Mishra, J.)