IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6238 of 2001 SYED MUKHTAR AHSAN son of Late S. Majid Hussain, resident of At, P.O. - Guljarbagh, PS Alamganj, District Patna, at present posted as Senior Selection Grade Assistant in Bihar School Examination Board, Patna Versus 1. BIHAR SCHOOL EXAM.BOARD, Sinha Library Road, Patna, through its Secretary. 2. The Administrator, Bihar School Examination Board, Patna 3. The Secretary, Bihar School Examination Board, Patna --------------------------- For the petitioner: Mr Mahesh Narayan Parvat, Advocate For the Bihar School Examination Board: Mr. Lalit Kishore, Sr Advocate Mr. Partha Sarthy, Advocate -------------------------- 10 06-01-2009 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination Board. There is no dispute that petitioner has already superannuated from service sometime in the year 2001. His grievance is that his juniors were promoted to the post of Sectional Officers in the year 1999 but he was not considered for such promotion on account of certain earlier adverse materials ignoring the fact that he was given promotion on 12.8.1999 to the post of Senior Selection Grade Assistant with retrospective effect from 01.03. 1989. Learned counsel for the Bihar School Examination Board submitted that petitioner did not have good service record in the past and even in 1999 he was given warning to be cautious after seeking an explanation from him. It was further submitted that petitioner was compulsory retired on 31.10.2001 and hence there is no merit in the claim of the petitioner that he should be considered for promotion to the post of Sectional Officer with effect from his juniors were so promoted. Lastly it was submitted on behalf of the Board that even - 2 - promotions given to others in the year 1999 to the post of Sectional Officers were cancelled by order dated 27.4.2000 in the light of directions from the Government. In reply it was submitted on behalf of the petitioner the order of compulsory retirement was challenged by the petitioner and the same has been interfered with by order dated 22.12.2006 passed in CWJC no. 2095/2002. This court finds that in paragraph 8 of the counter affidavit the respondent Board has taken a stand that petitioner was not considered for promotion to the post of Sectional Officer in the year 1999 due to his unsatisfactory service. It is also found that some of the Sectional Officers whose promotions were cancelled in the year 2000 filed a writ petition bearing CWJC no. 10575/2005 which was allowed on 26.9.2007 and as a result the promotions granted by the Board in the year 1999 on the post of Sectional Officers have been allowed to continue. In the light of aforesaid facts and the fact that the matter of compulsory retirement has already been remitted back to the Board for reconsideration, this writ petition is disposed of with a direction to the Board to consider the claim of the petitioner for promotion to the post of Sectional Officer with effect from the date his juniors were so promoted and take a final decision in accordance with law at an early date, preferably within four months. BKS/ (Shiva Kirti Singh,J.)