IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.613 of 2009 Diwakant Choudhary . Versus The State Of Bihar & Ors . ----------- 2/ 24/06/2011 Heard learned counsel for the petitioner and learned counsel for the State. The original relief claimed in this writ application was to be considered for promotion from the post of Excise Constable to Assistant Sub-Inspector of Excise. Learned counsel for the petitioner fairly submits that during the pendency of the writ petition the petitioner has been granted such promotion. He however seeks to raise a grievance that the date of the promotion is not correct and is required to be shifted back from that date when his junior has been promoted. Learned counsel for the State rightly submits that these are factual matters to be examined by the authorities where several other facts and circumstances may have to be considered. It is a salutary principle that if a person has been denied promotion for no fault of his, then if he has subsequently been considered for such promotion it has to be from the date that his juniors have been promoted. It is equally true that those who are vigilant 2 about protection of their rights and seek to enforce them in time definitely stand at an advantageous position than those who are indolent. Learned counsel for the petitioner has sought to place on record on certain orders of this Court in support of his submission. Since the substantive relief sought has already been granted, liberty is granted to the petitioner to represent before the authorities for shifting of the date of promotion. Let the respondents then consider his representation and dispose it off by a reasoned and speaking order in light of what may be stated in the representation as also the discussions contained in the present order within a maximum period of four months from the date of receipt/presentation of a copy of this order. The application stands disposed in the aforesaid terms. KC ( Navin Sinha, J.)