IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17907 of 2008 SATISH PRASAD MISHRA . Versus THE STATE OF BIHAR & ORS . ----------- 02. 12.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim in the application is to be considered for promotion to the post of Assistant Sub- Inspector, (Excise) from the post of Constable, ignoring the age bar of 50 years, as the delay in consideration for promotion is attributable to the respondents alone. Learned counsel for the petitioner submits that the issue stands resolved by this Court in C.W.J.C. No. 14908 of 2004 affirmed in L.P.A. No. 355 of 2006 and reaffirmed by the Supreme Court in S.L.P. (Civil) No. 23005 of 2007. It is further asserted that persons junior to the petitioner have been promoted ignoring his claim. Learned counsel for the State submits that the petitioner has no fundamental right to promotion but only a right to be considered, if his juniors have been promoted. While there be no fundamental right to promotion, there is a fundamental right under Article 14 and 16 of the Constitution of India to be considered in time for promotion. Non-consideration in due time 2 violates the fundamental rights to that extent. Let the petitioner file his representation along with a copy of the present order, disclosing details of those juniors to him, who have been promoted. In that event, the respondents are required to promote the petitioner from the date that his juniors have been promoted, as otherwise from the due date. Let this order be complied with and appropriate orders passed within a maximum period of three months from the date of receipt/production of a copy of this order. The application stands disposed. P.K. (Navin Sinha, J.)