04/ 21st April 2011 IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.100 of 2011 BINOD KUMAR SRIVASTAVA SON OF LATE DR. BAIDNATH PRASAD SRIVASTAVA, R/O MOHALLA- SHANTIPUR, P.O & P.S.-MOTIHARI, DISTT-EAST CHAMPARAN………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THRU ITS CHIEF SECRETARY, OLD SECRETARIAT, PATNA. 2. THE SECRETARY, DEPARTMENT OF HOME (SPECIAL), GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3. THE DIRECTOR GENERAL OF BIHAR, DEPARTMENT OF HOME GUARDS (SPECIAL), GOVERNMENT OF BIHAR, PATNA. 4. THE INSPECTOR GENERAL, DEPARTMENT OF HOME GUARDS (SPECIAL), GOVERNMENT OF BIHAR, PATNA. 5. THE DEPUTY INSPECTOR GENERAL, DEPARTMENT OF HOME GUARDS (SPECIAL), GOVERNMENT OF BIHAR, PATNA. 6. THE DISTRICT COMMANDANT, DEPARTMENT OF HOME GUARDS (SPECIAL), GOVERNMENT OF BIHAR, PATNA……………….RESPONDENTS/RESPONDENTS. ----------- For the appellant:- Sri D.K. Sinha, Sr.Adv. Sri Bajrang Lal, Adv For the State:- Sri Gautam Bose, AAG-8 Smt. Shail Kri, AC to AAG-8 ----------- Heard learned counsel for the appellant and perused the order under appeal dated 15.11.2010 whereby writ petition CWJC No. 6437 of 2006 has been dismissed in limine after noticing that petitioner retired long back in the 2 year 2001 and he wants his earlier promotions i.e. second time bound promotion as well as subsequent promotion to the post of Inspector to be revised and given to him from earlier dates. Promotions depend upon availability of vacancies as well as consideration of cases vis-à-vis seniors or juniors. Claim for promotion from an earlier date should have been raised by the petitioner when he was denied such claim in the year 1992 or 1994. He accepted the second time bound promotion given from 7.12.1995 and promotion to the post of Inspector from 24.12.1998. After five years of retirement, his claim has rightly not been entertained in discretionary jurisdiction under Article 226 of the Constitution of India. We find no illegality in the order of the writ Court. The appeal is dismissed. perwez (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)