IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2288 of 2001 NANDAN RAJAK Versus THE STATE OF BIHAR & ORS ----------- 3/ 2/9/2008. Heard learned counsel for the petitioner and learned counsel for the State. The writ application was filed on 16.2.2001. Learned counsel for the State submits that he has filed a counter affidavit on 6.8.2001. The same is not available on the record. No copy of the same has been served on the counsel for the petitioner. In view of the nature of question involved, this Court does not consider it proper to delay the present application for the counter affidavit. The petitioner is aggrieved by the order dated 22.1.2001, at annexure-6, rejecting his claim for promotion from Class-4 post to a Class-3 post. The petitioner was appointed on a Class-4 post on 15.6.1987. The case for promotion was considered by the Selection Committee on 13.1.1993 and which so recommended him against the promotional quota. Despite the recommendation when the benefit was not forthcoming, he came to this Court in C.W.J.C. No.5616/2000 when this Court - 2 - directed an appropriate decision to be taken in light of the recommendation. The impugned order has been passed thereafter. The short submission on behalf of the petitioner is that on the date that his case was considered and recommended by the Selection Committee, there was no requirement of passing any departmental examination. The fact that such a requirement by letter No.4524 dated 1.6.1999 may have been introduced subsequently is of no relevance and cannot defeat the claim of the petitioner for such consideration in light of a recommendation made when no such requirement existed. This aspect of the matter finds no discussion in the impugned order. The Court, therefore, finds it difficult to reject the claim in the writ petition. The order dated 22.1.2001 is accordingly set aside and the matter is remanded to the respondents to take a fresh decision in the matter in light of the discussion as above, within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha,J )