IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.784 of 1998 Sita Ram Yadav, S/o Late Ayodhya Prasad Yadav, resident of Village Kataria, P.O. Dariyapur, Dist. Monghyer, at present Basic Health Worker, Sadar Prakhand, Dist. Monghyer. ------- Petitioner Versus 1. The State of Bihar. 2. Chief Malaria Officer, Bihar, Office at Swastha-Bhawan, Mohalla Mahendru, P.O. and P.S. Mahendru, Dist. Patna. 3. District Malaria Officer, Monghyer. ------- Respondents ----------- 8 19.7.2011 No one appears on behalf of the petitioner. The prayer of the petitioner in this writ application for considering his case for promotion on the post of Basic Health Inspector has been sought to be explained by the respondents in the counter affidavit that after the post of Malaria Inspector was abolished, the petitioner was only readjusted on the post of Basic Health Worker and no person of the category of the petitioner, who has been readjusted on the post of Basic Health Worker, has been promoted. The absence of the counsel for the petitioner and inability on the part of the petitioner to controvert this admitted fact despite his filing of the rejoinder affidavit would leave nothing for this Court to hold that the original relief prayed by the 2 petitioner in this writ application by efflux of time has become infructuous. This Court, however, must take note of the I.A. No. 14117 of 1998, wherein, an additional prayer has been made to consider the case of the petitioner for promotion on the post of Malaria Inspector as it existed prior to its abolition. The petitioner in this regard has relied on an order of this Court dated 4.5.1990 in CWJC No. 5151 of 1982 (Brajendra Kumar & Ors. Vs. The State of Bihar & Ors.). In the considered opinion of this Court, such a prayer claiming retrospective promotion on the post of Malaria Inspector after its abolition in the year 1975 seems, to be wholly misconceived. Even this Court in the order dated 4.5.1990 had not held the petitioners of CWJC No. 5151 of 1982 to be entitled for such promotion and all that was observed therein was that the Government should consider to give benefit of the enhanced pay as per the recommendation of the Third Pay Commission. Inasmuch as, this Court even in the aforesaid order dated 4.5.1990 had not given any positive direction and had merely left the matter for being considered 3 by the State Government, this Court similarly would leave the petitioner to approach the State Government for an identical relief as claimed by him in the interlocutory application. With the aforementioned observations and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)