IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7244 of 2000 1. HARI BALLABH SAHAI s/o late Baijnath Sahay, resident of Mohalla- New Delian behind Rama Rani Girls High School, At and P.O.amd P.O. and P.S. Dehri-on-Sone, District- Rohtas. 2. M.S.Mazharul Haque @ M.S.M. Haque s/o S.M.Waizrul Haque, resident of Mohalla –Zakhi Bigha, P.O. Dalmianagar, P.S. Dehri, District- Rohtas. Versus 1. THE STATE OF BIHAR. 2. Commissioner and Secretary, Department of Water Resources (Irrigation), Sinchai Bhawan, Patna-15. 3. Special Secretary, Department of Water Resources (Irrigation), Sinchai Bhawan, Patna-15. 4. Deputy Secretary, Department of Water Resources (Irrigation), Sinchai Bhawan, Patna-15. 5. Chief Engineer, Research and Training, Irrigation Research Institute, Khagaul, Patna. ----------- 8 7.12.2010 The petitioners claim promotion to the post of Deputy Director in the Irrigation Department , which were created pursuant to Government Resolution dated 2nd February, 1980.Both the petitioners have superannuated. It is not in dispute that both the petitioners were promoted to the post of Research Officer with retrospective effect after superannuation. Once they were so promoted , they were liable t be considered for the post of Deputy Director. The writ petition was filed in the year 2000. A counter affidavit has been filed in which right of the petitioner has to be considered for the said post is not denied. All I can say as and when it would be considered, the petitioner’s case would also be taken up. In my view, this is an apology for a reason. If promotional posts are available , it is the right of every employee to be considered for promotion unless there is a policy. No policy not to fill up promotional post for 2 some valid reason, no reason no policy has been disclosed nor it disclosed as to when consideration would be there. A decade has passed. In my view, there is no point in keeping the writ petition pending before this Corut and it is disposed of with a direction to the respondents to consider the cases of the petitioners for promotion even though they have superannuated. If at that time when they were in service promotional avenue were available and there was no decision not to fill up. Such a decision would be taken within three motnjhs from the date of producsation ofa copy of this order before and communicate to the petitioner . The writ petition is disposed of. Singh ( Navaniti Prasad Singh, J.)