IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.403 of 2011 2 13.7.2011 Rasendra Narain Singh, son of late Ram Sharan Singh, resident of village Gumala, Police Station Kalyanpur, District Samastipur at present Assistant Teacher in Government Ambedkar Residential High School, Bhavra, Police Station and District Begusarai …… Petitioner/ Appellant VERSUS 1. The State of Bihar 2. The Secretary, Welfare Department, Government of Bihar, Patna 3. The Director, Welfare Department, Government of Bihar, Patna 4. The Deputy Director, Welfare Department, Munger Division, District Munger 5. The District Welfare Officer, Begusarai, District Begusarai. -------- Heard learned counsel for the appellant and perused the order of the Writ Court whereby no interference has been made with the decision of the Government to grant promotion to the writ petitioner/ appellant with effect from 31.12.1994 on notional basis and the actual benefit of such promotion is to be paid from the date of issuance of the promotion order. Leaned Writ Court has considered the Division Bench judgment of this Court in the case of Dr Paras Nath Prasad V. State of Bihar and others, 1990 (2) PLJR 248 as well as the deliberations of the - 2 - Departmental Promotion Committee contained in Annexure-A to come to a conclusion that there was no exceptional circumstance which could show that the writ petitioner had a right of promotion from an earlier date. On going through the contents of Annexure-A, we also find that the date for granting notional promotion has been selected on account of administrative exigencies. Annexure- A discloses that in the month of October 1994 a seniority list was published and on that basis, meeting of the Promotion Committee had taken place in December, 1994. The vacancy position as available on 31.12.1994 was considered for granting promotion to the writ petitioner and also for considering grant of promotion to some others as per their position in the seniority list. It is not a case that writ petitioner was superseded by any junior and, therefore, any wrong had to be undone nor it was a case of arbitrary deprivation on account of some fault by the respondent authorities. Hence, in the light of judgment of the Apex Court in the case of Alappat Narana Menon V. State of Kerala, 1977 - 3 - (2) SLR 656 which has been extracted in paragraph 19 of the judgment in the case of Dr Paras Nath Prasad (supra), it cannot be held that the writ petitioner could claim promotion from an earlier date as a matter of right. In such situation, the normal rule of paying remuneration from the date of joining the higher post or scale has rightly been followed by the departmental authorities. We have no option but to dismiss the appeal. We order accordingly. sk (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)