IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3025 of 2004 BRINDA PRASAD S/O LATE YADU PD. R/O VILL- PAURAM, PO/PS- HAYAGHAT, DISTT- DARBHANGA AFTER SUPERANNUATION FROM THE POST OF CHIEF ENGINEER, MINOR IRRIGATION, MUZAFFARPUR, AT PRESENT RESIDING AT MOHALLA- BANGLAGARH PO- LAL BAG, PS- DARBHANGA, DISTT- DARBHANGA— -------------------PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECY, WATER RESOURCES DEPARTMENT, BIHAR, PATNA 3. THE COMMISSIONER-CUM-SECY, PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT, BIHAR,PATNA 4. THE FINANCE SECY, GOVT. OF BIHAR, PATNA 5. BINAY KRISHNA, JOINT SECY. WATER RESOURCES DEPARTMENT GOVT. OF BIHAR, PATNA 6. THE BIHAR PUBLIC SERVICE COMMISSION, THROUGH ITS CHAIRMAN, BAILEY ROAD, PATNA---------RESPONDENTS. ----------- For the Petitioner: Mr. B.K.Dubey, Advocate For the State: Mr. S.S.Mishra, AC to GA-5 For the BPSC: Mr. Sanjay Pandey, Advocate. ---------- 5 15.7.2010 Heard learned counsel for the parties. Just on the verge of retirement from service i.e. 31.8.1998 the petitioner filed CWJC No. 3079 of 1998 claiming that he should be given notional promotion to the post of Engineer-in-Chief with effect from 1.1.1998, the date on which one Jagdish Prasad, said to be Scheduled Caste category candidate, retired from the post of Engineer-in-Chief. The basis for demanding that notional promotion from 1.1.98 after retirement was that in the Department of Water Resources, State of Bihar there are six posts of Engineer-in-Chief. One is reserved for scheduled caste candidate. Since the petitioner was Scheduled Caste candidate that post ought to be offered to him. The order dated 27.3.2000 passed in CWJC No. 3079 of 98 is annexure-1. The order categorically records that it is - 2 - not the case of the petitioner that any person junior to petitioner has been promoted to the post of Engineer-in-Chief. Hence it will not be appropriate for this Court to issue any direction for notional promotion to the petitioner. Despite such a finding having been recorded the Court gave an opportunity to the petitioner to convince the respondents to consider his case for notional promotion. Based on the observation of the Court an application along with the order was filed. According to petitioner his case was considered at various levels and there are some indications to show that the Government was inclined to give him notional promotion. His submission is that even though the post of Engineer-in-Chief for a scheduled caste candidate was not available to be filled up there was yet another post for Scheduled Tribes which was not filled up for many a years and since it was vacant for more than three years, according to the reservation policy that ought to be made available to the petitioner. The matter was considered but ultimately the order contained in annexure-5 came to be issued by the Government stating that since nobody junior to petitioner had been promoted to the post of Engineer-in-Chief and since that has not created any kind of discrimination against the petitioner, there is no question of granting him notional promotion and that too after he had retired from service. The observation and deliberations at various levels - 3 - with regard to the claim of the petitioner is not the decision of the Government. The deliberation do not give a right to any individual to claim an advantage based on the information or noting made at various levels in the government. Decision making process is not the final decision of the Government. Final decision of the Government is contained in annexure-5 which cannot be said to be in any manner arbitrary because this is based on a sound reasoning. The stand of the State is very categorical in this regard where they have stated that the petitioner does not have a right to demand notional promotion. This fact has also been certified by earlier order passed in CWJC No. 3079 of 1998. In absence of any discrimination it is not open for the petitioner to claim advantage of reservation and get any post which belongs to yet another socially backward class, namely the Scheduled Tribe. This is misplaced kind of submission on which the petitioner wants to get notional promotion from the Government without any substantive merit. This writ application is dismissed. RPS (Ajay Kumar Tripathi, J.)