IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11780 of 2003 SUSHILA PANDEY,WIFE OF DEVENDRA PANDEY, RESIDENT OF VILLAGE-SAREYA, P.0. SAREYA, P.S. GONINDGANJ, DISTRICT, EAST CHAMPARAN. ….Petitioner Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MOTIHARI, EAST CHAMPARAN 3. THE ADDITIONAL DISTRICT MAGISTRATE, MOTIHARI, EAST CHAMPARAN 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER,MOTIHARI, EAST CHAMPARAN 5. THE INCHARGE MEDICAL OFFICER, REFERAL HOSPITAL ARERAJ, EAST CHAMPARAN ………..Respondents ----------- 3. 27.09.2010 Having heard Mr. Manan Kumar Mishra, learned senior counsel for the petitioner and Mr. Anil Kumar Jha, learned G. A. 10 for the State in respect of the following relief prayed for by the petitioner in this writ application “I. that though this application petitioner prays for issuance for an appropriate writ in the nature of writ of mandamus commanding the respondents to promote her on class three post (Mahila Ghaw Shati) in view of her tenure of service and also in view of the promotion granted to her vide Memo no. 462 dated 11.3.1993 issued by the Civil Surgeon- cum-Chief Medical Officer which was subsequently cancelled illegally and erroneously, arbitrarily or alternatively for issuance of an appropriate writ/direction commanding the respondents to grant time bound promotion to the petitioner to which she has become entitled in view of her continuous more than twelve years.” 2 this Court is of the considered opinion that the prayer of the petitioner for considering her case for promotion can have no exception in law inasmuch as if the person appointed on Class IV posts has a promotional channel, she/he must be considered but then it would be difficult for this Court to straightway issue a direction for promoting the petitioner inasmuch as nothing has been brought on record to show that the post held by the petitioner was referable to by way of promotional post on which earlier promotion was given and cancelled. As is known, the concept of promotion always is confined in a cadre and no class IV employee can seek promotion on any Class III post claiming the said post to be a cadre promotional post. Therefore, when the petitioner has also not produced the main order i.e. the letter no. 211 dated 10.5.1993 of Civil Surgeon, Motihari by which her earlier reversion was effected, it would not be possible for this Court to go into the question of validity or otherwise in the order of earlier reversion specially when the petitioner also did not challenge the same for next 10 years and as this writ application was filed only on 29.10.2003 and that too by assailing only the consequential order passed by 3 Incharge Medical Officer dated 11.5.1993. Nonetheless as the petitioner claims consideration for promotion and has stated that she has completed 24 years of service without being given any promotion, the respondents are hereby directed to at least look into such grievance of the petitioner and if they find that the petitioner does not qualify for regular promotion or there is no promotional post for her, in that event, they will be required to consider the case of the petitioner for grant of time bound promotion for the period till 1.1.1996 and also for grant of ACP as the petitioner has also continued in service as a Class IV employee till date. It has to be always kept in mind by the authorities that the time bound promotion scheme or provision of ACP has been made by the State Government only to mitigate such situation where a person cannot earn regular promotion or could not be given any regular promotion for want of vacancies. This Court however would not like to put a final word as with regard to the claim of regular or time bound promotion of the petitioner and would leave the matter to be examined by the Director-in-Chief of the Health Services of Government of 4 Bihar who within a period of six months of receipt of a representation filed by the petitioner, enclosing a copy of this order would pass his final order, as with regard to grant of promotion/time bound promotion/ACP to the petitioner strictly in accordance with law. With the aforementioned observation and direction, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)