IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4245 of 2010 1. UMESH SHARMA S/O LATE TALESHWAR SHARMA JUNIOR ENGINEER, P.H.E.D., PATNA CIRCLE PATNA, RAJBANSHINAGAR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC HEALTH AND ENGINEERING, GOVERNMENT OF BIHAR, PATNA 2. JOINT SECRETARY PUBLIC HEALTH AND ENGINEERING DEPARTMENT, BIHAR, PATNA 3. ENGINEER-IN-CHIEF - CUM - SPECIAL SECRETARY PUBLIC HEALTH AND ENGINEERING DEPARTMENT, BIHAR, PATNA 4. CHIEF ENGINEER, MECHANICAL PUBLIC HEALTH ENGINEERING DEPARTMENT, BIHAR, PATNA 5. BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY BAILEY ROAD, PATNA 6. CHAIRMAN BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA 7. SECRETARY BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA For the Petitioner: Gopal Govind Mishra, Adv. Anil Kumar Sharma, Adv. For the State : K.P.Gupta, S.C.5 For B.P.S.C. : Sanjay Pandey. ----------- 2/ 01/10/2010 Heard learned counsel for the petitioner and learned counsel for the State as also for the Bihar Public Service Commission. The relief sought is to be considered for promotion on the post of Assistant Engineer from the date of due eligibility. The counter affidavit of the respondents more particularly at paragraph-8 specifically states that roster clearance has been obtained and the petitioner is within the zone of consideration and his case for promotion is already in progress. Vigilance clearance is awaited whereafter it shall be referred to the Departmental Promotion Committee. - 2 - The right to be considered for promotion in time is a fundamental right as distinct from the right to promotion not being a fundamental right. Procedural delays attributable to the respondents cannot visit the petitioner with adverse consequences. Vigilance clearance is the responsibility of the respondents and not the petitioner. Let the case of the petitioner be considered in accordance with law and appropriate orders, including that of promotion and/or consequential benefits, as the case may be, be passed positively within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)