IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10602 of 2006 MADAN MOHAN JHA s/o late Krishna Bihari Jha, resident of Adarsh Colony, West Patel Nagar, P.S. Shastrinagar, District- Patna. Versus 1. THE STATE OF BIHAR. 2. The Director General-cum- Inspector General of Police, Bihar, Old Secretariat, Patna. 3. The Deputy Inspector General of Police 9Personnel),Bihar, Patna. 4. The Senior Superintendent of Police, Patna. 5. The Deputy Inspector General of Police, Special Branch, Bihar, Patna. 6. The Superintendent of Police (B), Special Branch, Bihar, Patna. ----------- For the petitioner : Mr.Atul Chandra. For the Sate : S.C. 10. 3 6.12.2010 Petitioner is a literate constable and having enough experience has been made to work as Typist Assistant Inspector of Police (M). Having heard learned counsel for the parties and with their counsel this application is being disposed of at this stage itself. By this writ application, the petitioner prays that he being a literate constable and doing the work of Typist Assistant Sub Inspector of Police applied for being appointed on promotion to the post of Typist Sub Inspector of Police. Preliminary test was taken in which the petitioner passed but since 1998 even though he is being given the salary equivalent to Typist Assistant Sub Inspector of Police, no final examination has been held confirming him on the said position. A counter affidavit has been filed though not on record but made available for perusal by the State, which clearly 2 admits that preliminary examinations were held but before final examination could be held, State got bifurcated and vacancy could not be ascertained, as such no further examinations were held. It is also stated in the counter affidavit that Typist Assistant Sub Inspector of Police (M) /Assistant sub Inspector of Police is not a promotional post for literate constable knowing typing. It is further stated that the petitioner not having got any other promotion, was entitled to ACP and it is because of that reason his pay scale has stood increased to equivalent to Typist Assistant Sub Inspector of Police/ Assistant Sub Inspector of Police (M) and not because he is working as such. It is not denied that the work of Typist Assistant Sub Inspector of Police is being taken from the petitioner. Having perused the counter affidavit, I found that the State has virtually admitted finally what the petitioner has stated but the State has not explained as to why if Typist Assistant Sub Inspector of Police/ Assistant Sub Inspector of Police (M) is not the promotional post then why the petitioner was called to take the examination. To me it appears that it was appointment by promotion and that is the petitioner was asked to undertake the examination along with other persons pursuant to advertisement in that regard and the petitioner passed the preliminary examination way back in 1998. Bifurcation of the State is a lame excuse being given for not holding the examination . The only excuse is that the figures were not available upon bifurcation. In my view that did not stop the 3 department from conducting the final examination and then issuing appointment letter, as per requirement. It is because of this I call a lame excuse otherwise no reason is given for not holding the final examination. In my view, it is a fit case in which respondents are directed to hold the final examination after due notice to all the parties and take a decision for appointment by way of promotion within a period of six months from today. The writ petition is accordingly disposed of. Singh ( Navaniti Prasad Singh, J.)