IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1196 of 1997 RAJENDRA GOSWAMI, S/O LATE BODH NARAYAN GOSWAMI, YARPUR JOGI TOLA, P.O.G.P.O, PATNA, GARDANIBAGH, DISTRICT PATNA, PRESENTLY SENIOR ROUTINE CLERK, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, OLD SECRETARIATE, PATNA. ..............PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, BIHAR, OLD SECRETARIATE, PATNA. 2.COMMISSIONER CUM SECRETARY, PERSONNEL ANDN ADMINSTRATIVE REFORMS DEPARTMENT, OLD SECRETARIATE, BIHAR, PATNA. 3.REGISTRAR, PERSONNEL AND ADMINSTRATIVE REFORMS DEPARTMENT, OLD SECRETARIATE, BIHAR, PATNA. ..............RESPONDENTS. ----------- 08/ 11.05.2011 No one appears for the petitioner. Counsel for the State is present and would submit that solitary grievance of the petitioner as with regard to the following relief:- 'That this is an application by the abovenamed petitioner for the issuance of a writ in the nature of writ of mandamus and/or any other appropriate writ/order/direction to consider the claim of the petitioner for promotion to the post of Tulna Sahayak (comparing clerk0 and in the event of his eligibility promote him as such.' has been fully answered in para no. 4, 5 and 6 of the counter affidavit which reads as follows:- 'That it is relevant to mention here that the promotion of the petitioner to the post of “Tulna Sahayak” is not justified because there is no provision for giving promotion to the “Ex-cadre Post”. 2 The petitioner was appointed on the post of routine clerk in the year 1981. Thereafter he was promoted to the post of Junior Selection Grade Routine Clerk in the scale of Rs. 1200-30-1800 from 1.4.1986 and thereafter the petitioner was promoted to the post of Senior Selection Grade Routine Clerk in the scale of Rs. 1230-1560-40-2040 from 1.4.91. The petitioner has got all the promotions which is in the cadre of the routine clerk. That the post of Tulna Sahayak was created in personnel and Administrative Reforms Department in the scale of 1400-40- 1800-50-2300 Rs. At first only two posts were created for a particular purpose of comparing the character roll of B.A.S cadre and offiring the C.R. in Blue Book. Due to heavy load of work thereafter two temporary posts were also created for six month. Later on due to the less burden of work the Govt. has decided not to extend the tenure of that two posts. So the two posts became dead due to non-extension of time. So the petitioner cannot be promoted to the post of Tulna Sahayak which is an ex-cadre post. That it is also relevant to mention here that one Sri Kashi Pd. Selection Grade Routine Clerk was promoted to the post of Tulna Sahayak in 1983 vide this office letter no. 28, dated 8.2.1983. and sri Vaisul Haque was promoted to the post of Tulna Sahayak and at that time it was necessary to complet the work of C.R. Of B.A.S cadre. So these two Routine Clerks were promoted to that post because there was no staff to fill up the said post. Both of them have retired. Now there is no need to fill up the post by Direct Recruitment or by Giving promotion. The promotion previously given to the said two person was not regular in the context of the provisions of the promotion and that was done only in the interest of heavy work in the Department.' He would submit that ex-cadre post of Comparing Assistant(Tulna Sahayak) could not be made the subject matter of regular promotion 3 especially when the continuation on the post and the practice of such appointment has also been discontinued. In the considered opinion of this Court, the petitioner can only claim promotion against a cadre post but if there be any other post out side his cadre in which other persons of the department are also to be considered in the process of selection, he may at least also get the chance of being considered. When however ex-cadre post of the Comparing Assistant (Tulna Sahayak) itself has been discontinued, this Court would find it difficult to now issue a mandamus for considering the case of the petitioner against such non-existent post. That being so, this application is wholly misconceived and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J)