IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5822 of 2006 BIRJU PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2 8.11.2010 Heard learned counsel for the parties. Petitioner wants a direction on the respondents to consider his claim for promotion to Class III post when he has been made to work as a typist even though he is a Class IV employee because of his competence and ability in this regard. The stand of the respondent is that there is no routine promotional avenue for him but as and when the limited competitive examination is held petitioner has freedom to participate and his case would be considered in the light of the policy decision which has been annexed as annexure-E to the counter affidavit. The policy being what it is no separate direction can be issued for promotion to the petitioner as a matter of routine but if the petitioner fulfills the requisite qualification and comes within the ambit and terms of annexure-E, his case may be considered. It is also recorded that some of the instances cited by the petitioner as cases of discrimination, has been explained by the respondents and the Court has no hesitation in recording that it is not a case of discrimination which is sought to be made out by the petitioner by way of pleadings. This writ application stands disposed of with the liberty as above. RPS (Ajay Kumar Tripathi,J.)