IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6483 of 2007 Sudhakar Prasad Sinha, S/o Late Munshi Gorakhnath Lall, R/o Village & P.O. Raghunathpur, P.S. Brahamur, District Buxar. At present Male Family Welfare Worker, Primary Health Centre, Kargahar, District Rohtas. ------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner cum Secretary to Government Health Medical Education and Family Welfare Department, Bihar, Patna. 3. The Deputy Director, Public Education and Publicity, State Family Welfare Bureau, Bihar, Patna. 4. Kapil Deo Paswan, Block Extension Educator Primary Health Centre, Dehari-on-Sone. 5. Binda Pawan, Block Extension Educator, P.H.C. Gorari, District Rohtas. ------- Respondents ----------- 2 23.09.2010 Having heard learned counsel for the parties as with regard to the following relief:- “That this writ petition is being filed for issuance of a direction to the Respondents to promote the petitioner on the Post of Block Extension Educator from the dates junior persons having less qualification have been promoted and the authorities also be directed to provide all monetary benefits, what the junior colleagues are already enjoying and further be please to punish the authorities concerned for willful discrimination, partial attitude and for adoption of pick and choose method ignoring the rightful and genuine claim of the petitioner.” while this Court must hold that after notification of promotion of the petitioner 2 vide order dated 26.09.2008 (Annexure-14), this writ application has become infructuous but, then, the remaining grievance of the petitioner that his date of promotion ought to have been at least with effect from the same date on which his juniors were given such promotion can be looked into by the authority, specially when, such juniors have also been not made party to this writ application nor in the original writ application there was any pleading to this effect. That being so, this application is disposed of with a liberty to the petitioner to approach the authority concerned for revision in the date of his promotion so notified by the respondent on 26.9.2008. Rsh (Mihir Kumar Jha, J.)