IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13803 of 2011 Sri Kant Dwivedi Versus The State Of Bihar & Ors ---------------------------------- 4. 13.12.2011 Heard learned Counsel for the petitioner and the State. The relief sought is to be considered for promotion from a Class IV post to Class III post. It is submitted that the petitioner joined on the Class IV post of Chaukidar on 20.5.1972. He was regularised on 20.5.1982 and holds the qualification of Matriculation and Intermediate. He has been discharging duties of Accounts cum Correspondence Clerk since 12.9.2007 but is not being considered for promotion on the latter post. He has been recommended for promotion and has also represented but to no avail. The respondents have filed a counter affidavit affirmed by the Executive Engineer, National Highway Division, Gaya. The Court hardly finds it helpful in adjudication. It suggests issues of provisional promotion of the petitioner as far back as 15.1.1992 but which has been delayed due to non clearance of roster and non availability of vacancy. It also suggests that two others namely Sheo Dahin Ram and Mahesh Sah are senior to the petitioner and unless they are considered the petitioner cannot be considered for promotion. It is not in controversy at the Bar that there is a separate quota for promotion in service from Class IV to Class III through a modality of selection. The Court would have expected the respondents to assist the Court properly by their counter affidavit making full disclosure of those facts and procedures. 2 A person entering into government service builds up his career in the hope of service promotion and monetary benefits. It is this desire for promotion which propels him to give his best in service being in the interest of the State and his own interest. In absence of any avenue of promotion the employee feels frustrated and looses interest in work. He becomes a liability rather than an asset. Noticing this aspect the Supreme Court in 2001 (1) SCC 401 ( V. Jagannadha Rao v. State of A.P.) at paragraph 22 has held as follows:- 22. Notwithstanding our aforesaid conclusion, it would be in the interest of the administration to have a channel of promotion for every service, so as to avoid stagnation at a particular level, subject however to the condition that the incumbents of a service are otherwise qualified to shoulder the responsibilities of the higher promotional post. The appropriate authority of the Government, therefore, should bear this in mind and consider the feasibility and desirability of continuing the supernumerary posts already created in the Boilers and Factories Department on a permanent basis, so that the employees from the lower echelon in the said department have a promotional channel or, to make suitable promotional avenue at least up to some level, so that there would not be any discontentment amongst the employees in the department concerned. Mandamus is issued to the respondents to take necessary steps in accordance with law for providing avenues for promotion from Class IV to Class III, consider the eligible and grant such promotion in accordance with law within a maximum period of ten months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)