IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.336 of 1997 1. SHATRUGHAN TIWARY son of late Harendra Tiwary, a resident of village Kolhua P.S. Marhowrah District Saran posted as Extra Clerk at Marhowrah Sub Registry under District Registration Office, Chapra. 2. Chandra Bhushan Pandey son of Sri Haribansh Pandey, a resident of village Hakama P.S. Garkha District Saran posted as Extra Clerk at District Registration Office, Chapra, Saran. 3. Rama Shanker Prasad son of late Ram Awatar Prasad Shrivastava, a resident of Mohalla Imamganj P.S. and P.O. Chapra Town, presently posted as Extra Clerk at District Registration Office, Chapra. 4. Mithilesh Kumar Shrivastava son of late Bachcha Prasad, a resident of village Bhagheji, P S. Barauli District Gopalganj, presently posted as Extra Clerk at Sub Registry Office, Marhowrah under District Registration Office, Chapra. 5. Anand Kumar Singh son of late Gorakh Nath Singh a resident of village Khalpura P.S. Chapra Moffasil district Saran posted as Extra Clerk at District Registry Officer, Chapra, Saran. 6. Ramji Prasad son of late Radha Prasad, a resident of Mohalla Dahiawan P O and P S. Chapra District Saran presently posted as Extra Clerk at District Registration Office, Chapra, Saran. …. Petitioners. Versus 1. THE STATE OF BIHAR 2. The Inspector General Registration, Patna Bihar. 3. The Commissioner, Saran. 4. District Registrar, Chapra, Saran. … Respondents. ----------- 12. 11.05.2011 No one appears for the petitioners. The issue relating to appointment on the post of temporary clerk in the Registration Department on the basis of earlier services rendered as extra clerk in fact, has been wholly misunderstood by the petitioners. First of all, filing up of the posts of temporary clerk by the extra clerk is not by way of 2 promotion but only by way of appointment wherein the persons engaged all over the State as extra clerks on remuneration basis have only chance of being considered for appointment on the post of temporary clerk as per their date of engagement as extra clerk. Moreover the plea of the petitioners that in the year 1990 certain vacancies had taken place in fact has been explained by the respondents in the counter affidavit that those were anticipated vacancies on account of the proposed promotion of the temporary clerks to the post of permanent clerks as per the practice prevailing in the Registration Department but since such proposal did not receive the approval of the State Government, no vacancy on the post of temporary clerk was created in the year 1990. The respondents have in their counter affidavit also explained that when 12 vacancies arose in the year 1996, the eligible extra clerks were appointed as temporary clerks according to seniority and following the government rule of roster and reservation. When this writ application was filed, the petitioner nos. 2, 3 and 4 were also working as extra 3 clerks but then subsequently they, on the basis of their seniority, were appointed temporary clerks and as such they had withdrawn their writ application as would appear from the order dated 5.11.1998. It would thus become clear that the respondents had fairly proceeded to fill up the posts of temporary clerk at the relevant point of time which now has to be filled up as per the rules framed under proviso to Article 309 of the Constitution of India. In that view of the matter, this writ application has now for all practical purposes become infructuous and is, accordingly, dismissed. kanchan ( Mihir Kumar Jha, J.)