IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2406 of 2009 PRITNANDAN SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 20/2/2009 Heard Mr. Yogendra Mishra, learned counsel appearing on behalf of the petitioner and counsel for the State. The grievance of the petitioner in this case with regard to promotion on Class-III post has to be adjudicated on the basis of the Government decision as also by taking into account the settled principles of service jurisprudence which says that if any person junior to the incumbent has been promoted at least at that moment he will be date back to that date. Here in this case at least from the pleadings it is not clear as to whether any Chaukidar alike the petitioner has been promoted and though there has been vague statement in paragraph nos. 17 and 19 of the writ application to this effect but there being no specific name of the 2 person spelt out, this Court cannot hold that the petitioner has been discriminated on account of being junior has been promoted. It, however, appears that the matter relating to claim of promotion of the petitioner has been raised by him before the authorities, and therefore this Court can say that such claim of the petitioner must be adjudicated and decided within a period of six months after taking into considering the two things, namely, whether any Chaukidar has been promoted on Class-III post and whether the Government decision of the year 1986 with regard to filling up 25% of Class-III posts from amongst Class-IV employees has been acted upon. The petitioner, therefore, may file a fresh representation to the Engineer-in- Chief of the department, who will look into the aforementioned grievance of the petitioner for promotion from the two angles as indicated above and pass a reasoned order within a period of six months from the date of filing of such 3 representation by the petitioner. With the above observation and direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar