IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5321 of 2008 GOPAL SHARMA, SON OF SRI NARESH KISHORE SHARMA, RESIDENT OF VILLAGE AND P.O. WALIPUR, DISTRICT LAKHISARAI, AT PRESENT HAVALDAR, M.M.P. BHAGALPUR, 0 MILE, P.S. HARIZAM THANA (BARARI), BHAGALPUR. ---- PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, BIHAR MILITARY POLICE, BIHAR. 3. THE INSPECTOR GENERAL OF POLICE, KENDRIYA MANDAL, BIHAR MILITARY POLICE, PATNA, BIHAR. 4. THE DIVISIONAL INSPECTOR GENERA, BIHAR MILITARY POLICE, PATNA, BIHAR. 5. THE COLLECTOR, MAINTAIN MILITARY POLICE, BIHAR, PATNA. 6. THE COMMANDANT MOUNTAIN MILITARY POLICE, ARRAH. 7. KRIPAL SINGH, SON OF NOT KNOWN, POSTED AT MOUNTAIN MILITARY POLICE, HEADQUARTER, ARRAH. ---- RESPONDENTS. ----------- 2 29.4.2011 The petitioner was appointed as a Constable on 17.8.1977. At present he is working as a Head Constable and seeks promotion to the post of Sub-Inspector in the Mountain Military Police. The main grievance of the petitioner is that he has not been considered for promotion to the post of Sub-Inspector although one Kripal Singh and several others have been promoted to the said post. It is submitted that even today there are two vacancies and he is the senior most person and duly qualified having completed the basic training course of nine months which is necessary for the next promotion. A counter affidavit has been filed 2 explaining that Kripal Singh and those who were promoted were senior in the gradation list to the petitioner and as such the petitioner cannot argue that he was entitled to be promoted along with the aforesaid persons. It is specifically stated at paragraph 8 that the petitioner’s case for promotion will be considered in the existing vacancies to the Rank of Sub-Inspector. It is accepted that the respondents would take a decision regarding filling up the posts by way of promotion in accordance with law within a reasonable time. However, it is admitted in the counter affidavit that the case of the petitioner would be considered as and when the posts are to be filled up. A person should not be ordinarily be deprived of his promotion, if he is entitled for it. Such a delay causes hardship among the services and is not conducive to good performance. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)