IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18591 of 2009 1. FAKIRA YADAV S/O LATE SHYAM LAL YADAV R/O VILL- GHOSHI TOLA, P.S. KOTWALI, P.O.+DISTT. MUNGER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM SECRETARY DEPTT. OF HEALTH & FAMILY WELFARE, BIHAR, PATNA 3. THE DIRECTOR IN CHIEF HEALTH SERVICES, BIHAR, PATNA 4. THE DEPUTY SECRETARY DEPTT. OF HEALTH & FAMILY WELFARE, BIHAR, PATNA 5. THE JOINT DIRECTOR CUM PUBLIC INFORMATION OFFICER HEALTH SERVICES, BIHAR, PATNA 6. THE REGIONAL DEPUTY DIRECTOR HEALTH SERVICES, MUNGER DIVISION, MUNGER 7. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER MUNGER 8. THE DEPUTY CHIEF MEDICAL OFFICER MUNGER ----------- 02/ 03.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has filed this application for quashing of the order contained in letter no. 599 (4) dated 21.5.2009, whereby the Joint Director cum Public Information Officer, Health Services, Bihar, Patna has rejected the prayer of the petitioner for promoting him to the post of Driver stating that the departmental authority has got no jurisdiction to give such promotion to the petitioner. Admittedly the petitioner was appointed on the post of Peon and the post of Driver is not a promotional post of Peon. In this circumstance, respondent no. 5 has rightly not - 2 - passed any order allowing the prayer of the petitioner. This application is dismissed. DKS/ (Mridula Mishra, J.)