IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2733 of 1997 BEDANAND JHA, S/O LATE JAGARNATH JHA, DEPUTY DIRECTOR, PROVIDENT FUND, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PANT BHAWAN, BAILEY ROAD, PATNA R/O 47/60 OFFICERS FLAT, BAILEY ROAD, PATNA. ...........PETITIONER. Versus 1.THE STATE OF BIHAR. 2.CHIEF SECRETARY GOVERNMENT OF BIHAR, OLD SECRETARIATE, PATNA. 3.SECRETARY TO THE GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, OLD SECRETARIATE, BIHAR, PATNA. 4.ADDL. SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT GOVERNMENT OF BIHAR, OLD SECRETARIATE, PATNA. .............RESPONDENTS. ----------- 05/ 12.05.2011 No one appears for the petitioner. Counsel for the State is present. The relief prayed in this writ application reading as follows :- "That the petitioner has come up for issuance of a direction in the nature of writ of mandamus commanding the respondents to include the name of the petitioner in the list prepared for consideration for promotion in Senior A.D.M (super time category-1) in the scale of Rs. 4100/- to 5300/- of Bihar Adminstrative Service as per his seniority, as the list for consideration for promotion in Senior A.D.M scale prepared by the Department of Personnel and Administrative has been prepared arbitrarily and illegaly in violation of established rules and convension followed by the State Govt. and quash the list prepared for promotion in Sr. A.D.M Grade with a direction to prepare a fresh list maintaining the interse seniority as per civil list of officers of B.A.S." has definitely been rendered infructuous, inasmuch as, the claim of the petitioner for his inclusion in the list of Officers of Bihar Administrative Service, Senior Selection Grade for 2 his consideration for promotion in Super Time Scale was definitely premature in the year 1997, because he had not completed the period of four years from the date of his being granted Senior Selection Grade. Infact the petitioner had become eligible for his consideration for Super Time Grade-I in the Bihar Administrative Service in the year 1998 on completion of four years. In that view of the matter, this Court would not be in a position to direct the respondents to consider the case of promotion of the petitioner in the Super Time Grade-I against the vacancies of 1997. This aspect of the matter, in fact has been clearly explained in para no. 4 of the counter affidavit which reads as follows:- 'So far the grievance of the petitioner is concerned, it is stated that it is not based on rules because the rules clearly show that for which year the list will be prepared to consider for promotion in Super Time Grade-I only those officers will be listed in the said Zone of consideration, who have completed four years of regular service in Senior Selection Grade on Ist January of that year. Presently the list under question is under preparation for consideration for promotion in Super Time Grade-I against the vacancies of 1997. Hence, in the said list only those officers will be listed, who has completed four years of regular service in Senior Selection Grade on or before Ist January 1993. So far as the petitioner is concerned as per the Annexure-2 and 3 of the main writ application, it appears that the petitioner had been promoted on 06.01.1993 and he had joined on the post on 08.01.1993. Therefore, his promotion in Senior Selection Grade will be counted from 08.01.1993. Hence, as per the rule, action of the respondent State is not arbitrary and not against any established rules, rather the contention of the petitioner is totally baseless and wrong.' 3 From the reading of the aforementioned stand of the respondents, it would be thus clear that the petitioner did not qualify for being considered for promotion in Super Time Scale on 01.02.1997 because he had not completed the prescribed period of Kalawadhi of four years, inasmuch as, his notification for promotion in the senior selection grade was issued only on 06.01.1993 whereafter he had joined the aforesaid post on 08.01.1993. Learned counsel for the State is thus perfectly justified in pointing out that the petitioner could not, in the garb of seeking relief sought in this writ application, be allowed to call in question the alleged delay in notifying his earlier promotion on the post of Senior Selection Grade and to that extent his reliance placed on facts stated in para 12 of the counter affidavit is absolutely correct. All these matters in fact have however now become academic because the petitioner had become eligible for being considered for promotion in Super Time Scale of Bihar Administrative Service w.e.f 08.01.1997, and consequently must have also been considered for the vacancies of the year 1998. That being so, this application has become infructuous and is accordingly dismissed. Ranjan (Mihir Kumar Jha, J)