IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12215 of 2000 Md. Nazim, Son of Shri Abdul Hamid, Resident of Village Asgaon, P.O. Milkychak, Police Station Bahadurpur, District Darbhanga. --------- Petitioner Versus 1. The State of Bihar through Director, Treasury and Accounts-cum- Special Secretary, Treasury and Accounts directorate, Finance Department, Bihar, Patna. 2. Deputy Director, Treasury and Accounts Directorate Finance Department, Bihar, Patna. 3. District Treasury Officer, Treasury Darbhanga. 4. District Magistrate/Collector, Darbhanga. 5. Deputy Collector, Establishment, Darbhanga. -------- Respondents ----------- 5 3.7.2009 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application as can be found from paragraph no.1 reads as follows:- “1. That this writ application has been filed, for direction upon the respondents, particularly the respondent No.1, Director Treasury and Accounts-cum- special Secretary, Treasury and accounts Directorate, Bihar, Patna, to consider the case of the petitioner, for promotion to the vacant and sanctioned post of clerk from the post of Peon, in the Treasury Darbhanga in the light of relevant rules and circulars with effect from the date the petitioner is working against the said post of clerk. This writ application has also been filed, for holding that the petitioner is entitled to be promoted, to the post of clerk, in the Treasury Office, Darbhanga, with retrospective, along with all 2 consequential benefits. The petitioner has prayed for other reliefs as well.” Learned Counsel for the petitioner would submit that all the petitioners are Class-IV employees and therefore, they have a right to be considered for their promotion to Class-III post. On the other hand learned counsel for the State has submitted that there is no concept of promotion of a Class-IV employees to the Class-III post rather there is only provision for appointment by way of internal recruitment on vacant 25% post of Class-III post by holding a limited departmental examination of such Class-IV employees who atleast possesses matriculation qualification. This Court, therefore, without keeping this writ application further pending for allowing other set of respondents to file their counter affidavit, would find it expedient in the ends of justice to dispose of this writ application by directing the respondents to initiate the process for internal recruitment against vacant 25% of Class-III post within a period of six months from the date of receipt/production of a copy of this order. 3 It goes without saying that if the petitioners fulfil necessary eligibility condition for being considered against vacant 25% of Class-III post and they would also qualify in the limited departmental examination their cases for appointment on Class-III posts will be considered and decided in accordance with law by the appointing authority within a period of three months from the date of passing of such examination. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)