IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18044 of 2009 1. BAL KRISHNA PRASAD S/O LATE ISHWARI PRASAD (RETIRED SUPERINTENDENT OF EXCISE) R/O MOH- BODDOM BAZAR, P.S. TOWN, DISTT. HAZARIBAGH (JHARKHAND) Versus 1. THE STATE OF BIHAR, THROUGH ITS CHIEF SECRETARY OLD SECRETARIAT, PATNA 2. THE COMMISSIONER-CUM-SECRETARY DEPTT. OF EXCISE AND PROHIBITION, GOVT. OF BIHAR, VIKAS BHAWAN, PATNA 3. SHRI AAMIR SUBHANI HOME SECRETARY, GOVT. OF BIHAR, PATNA 4. SHRI GOPAL SHANKAR PRASAD, I.A.S. ----------- 2. 17.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The controversy revolves around promotion to the post of Assistant Commissioner of Excise. The petitioner is stated to have superannuated on 31.7.1985. The submission on behalf of the petitioner is that once the respondents decided to shift back the date of promotion of one Sri Gopal Shankar Prasad, respondent no. 4, from 6.4.1988 to 1.8.1983, the case of the petitioner is required to be considered afresh as in that event the petitioner was still in service on the date that his junior was promoted. In pursuance of the order of this Court in CWJC No. 3765 of 2005 the respondents have passed a reasoned and speaking order on 2.9.2009, which is presently assailed. It states that the need to shift the date of promotion of respondent no. 4 arose on account of certain orders of this Court in a claim for promotion made by another Sri Bageshwar Prasad Singh. Therefore the case of the petitioner was different from that of respondent no. 4 as he was junior not only to respondent no. 4 but also to Bageshwar Prasad Singh. There is no pleading in this writ application that the petitioner is senior to Bageshear Prasad Singh and therefore still has cause of action to maintain parity with respondent no. 4 in consequence of the fresh development. The impugned order clearly states that the petitioner was junior to both respondent no. 4 and Sri Bageshwar Prasad Singh. This Court is not satisfied on the admitted facts that the impugned order calls for any interference. This application is dismissed. Snkumar/- (Navin Sinha,J.)