IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16783 of 2010 DR.SWARUPANANDA NAIK, SON OF LATE CHAITANYA NAIK, RESIDENT OF CRPF CAMP, JHAPHAN, P.O.- UMANAGAR, MUZAFFARPUR, BIHAR :--PETITIONER Versus 1. THE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001 2. DIRECTOR GENERAL, CRPF, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003. 3. INSPECTOR GENERAL CRPF, BIHAR SECTOR, DIGHA COMPLEX, POST OFFICE- ASHIYANA NAGAR, PATNA (BIHAR) :-- RESPONDENTS. ----------- For the petitioner : Mr. S.Q.Hasan, Advocate. For the Union of India : Mr. Ashok Kumar Singh, C.G.C. ====== 2. 04.10.2010. Heard learned counsel for the petitioner and the counsel for the Union of India, who prays for time to seek instruction in the matter. Such prayer is being refused in view of the nature of the order which is proposed to be passed in the matter. 2. Petitioner is a doctor and at the relevant time was serving the Central Reserve Police Force (hereinafter referred to as “C.R.P.F.”) as D.I.G.(Medical). He has filed this writ petition praying, inter alia, to direct the respondent authorities to consider his case for promotion on the post of I.G. (Medical) which became vacant with effect from 01.09.2010. 3. It is submitted on behalf of the petitioner that the Departmental Promotion Committee should have considered the case of the petitioner and all other eligible D.I.G. (Medical) for promotion on the post of I.G. (Medical) which became vacant with effect from 01.09.2010 before 1st April, 2010 as in terms of the promotion rules the - 2 - authorities are required to consider the case of all the eligible candidates for promotion prior to 1st April of the year in which the vacancy is likely to arise. In the instant case the Departmental Promotion Committee conducted its meeting and considered the case of all eligible candidates including petitioner for promotion on the post of I.G. (Medical) in May, 2010 but the proceedings of the Departmental Promotion Committee were not finalized, meanwhile, petitioner has superannuated with effect from 30th of September, 2010. In view of the changed circumstances, counsel for the petitioner submitted that the authorities are required to consider the case of the petitioner for promotion on the post of I.G. (Medical) against the post(s) which became vacant on 01.09.2010 or before in view of the promotion rules contained in Annexure-7 to this application as and when they proceed to consider such promotion. 4. Having heard counsel for the petitioner and the Union of India, I dispose of the writ petition with direction to the competent authority of the C.R.P.F. to consider the case of the petitioner for promotion against the vacancy of I.G. (Medical) which arose in the Force on or before 01.09.2010 as and when such exercise is made in accordance with law. P.K.P. (V.N.Sinha,J.)