IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.979 of 2008 The State Of Bihar & Ors Versus Rishikesh Prasad ----------- For the appellants: Mr. Arvind Ujjwal, AC to SC XI For the respondent : Mr. Shailendra Kumar Sinha, Advocate ---- 5 19-3-2009 The writ petitioner – respondent herein claims promotion to the post of Executive Engineer in the Road Construction Department of the State of Bihar with effect from 1995. He was appointed to the post of Executive Engineer in officiating capacity on 31.5.2000 and later on he superannuated. The State Government gave him promotion with effect from 1.7.2000. Question was whether the petitioner was entitled for promotion with effect from 1995. From the counter affidavit filed by the State it is evident that the petitioner was entitled for promotion to the post of Executive Engineer from 9.9.1996. There is no averment in the counter affidavit that no post of Executive Engineer was available on 9.9.1996. Since it is admitted in the counter affidavit that the petitioner was entitled for promotion from - 2 - 9.9.1996 and there was vacancy available at that time, the petitioner is entitled to be considered for promotion from 9.9.1996. We are of the opinion that no interference is required in this appeal. Appeal is dismissed. Neyaz/- ( J.B. Koshy, CJ.) (S.K. Sharma, J.)