IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11896 of 2002 BISHWANATH SINGH Versus THE STATE OF BIHAR & ORS ----------- 03 06.03.2009 Heard learned counsel for the petitioner and learned counsel for the State. The claim in the writ application is to be considered for promotion to the post of Office Superintendent in the Bhojpur Collectorate with effect from 1.5.1998 or from 1.10.1998. Counter affidavit has been filed on behalf of respondents. Paragraph-6 of the same admits his claim but declines to grant him promotion for lack of finances. The right to be considered for promotion is a fundamental right. Undoubtedly, the right to be promoted after such consideration may not be a fundamental right, if the state has adequate reasons for it. From the statements made in the counter affidavit, this Court is satisfied that the grounds urged to deny promotion despite admitting his entitlement is not sustainable. It is for the state to manage its finances and generate resources. If the State is unable to do so for reason attributable to the State itself, the petitioner cannot be allowed to suffer. It is not the case of the respondents that the 2 petitioner was a non-performer. The respondents are directed to consider the case of the petitioner for such promotion from the due date of his eligibility and entitlement, and grant him full retrospective monetary benefits of the same. Let the same be done on both counts within a maximum period of sixteen weeks from the date of receipt and/or production of a copy of this order. The arrears so determined payable after deducting that already paid shall carry interest @ 4% from the date of entitlement till 24.10.2002, the date of institution of the writ application. P.K. (Navin Sinha, J.)