IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2121 of 2008 ABHAY KUMAR CHOUDHARY . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 10/03/2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim of the petitioner, who was appointed as a V.L.W., is to be considered for promotion on the post of Block Agriculture Officer as he claims to have completed the eligible service of eight years. Two sets of counter affidavits have been filed. The first counter affidavit filed on 14.3.2008 states that there were 58 V.L.W’s senior to the petitioner who have not been promoted. If vacancies occur in future, he shall be considered in accordance with law. A second counter affidavit has been filed barely five months later which states that the petitioner has been considered for promotion on 1.9.2004 and that he was at serial No.3 of the persons eligible for promotion. The contradiction between the two affidavits between a period of five months only leaves this Court dissatisfied. A rejoinder has been filed by the petitioner. 2 In that, he specifically raises the issue supported by documentary evidence obtained under the Right to Information Act that his name stands at Serial No.59 of V.L.W’s while that of one Shri Mrityunjay Kumar stands at 71. He then asserts that the latter has been promoted by a notification dated 15.12.2008 when his name figures at Serial No.22 of the list of promotees while the petitioner has been denied such promotion after consideration and recommendation. Let the respondents examine the claims of the petitioner both with regard to availability of vacancies for promotion even as per their own counter affidavit when the petitioner stands at Serial No.3 and if any person junior to him has been promoted, as asserted in the rejoinder to the counter affidavit. The petitioner has to be then onsidered for promotion from the date that his junior may have been promoted. Let such consideration of the case of the petitioner be done and a reasoned and speaking order passed within a maximum period of three months from the date of receipt/production of a copy of this order. It shall be open for the petitioner to also file a fresh representation demonstrating availability of vacancies in view of the statement of the respondents 3 that he admittedly stands at Serial No.3 of the persons being considered for such promotion. The writ application stands disposed. KC/ ( Navin Sinha, J.)