IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15267 of 2005 MD.MASOODUL HAQUE, aged about 64 years, son of late Sayeed Khan, village – Daulatpur, P S – Bhagwanganj, District – Patna. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Govt. of Bihar, Patna. 2. The Commissioner cum Secretary, Water Resources Department, Govt. of Bihar, Patna. 3. The Deputy Secretary, Water Resources Department, Govt. of Bihar, Patna. 4. The Under Secretary, Water Resources Department, Govt. of Bihar, Patna. 5. The Chief Engineer, Water Resources Department, Govt. of Bihar, Samastipur. 6. The Superintending Engineer, Flood Control Circle, Darbhanga. 7. The Executive Engineer, Flood Control Division, Darbhanga. 8. The Accountant General , Bihar, Patna. ----------- 03. 27.10.2010 Heard learned counsel for the parties. I.A. No. 9267 of 2010 is hereby rejected. Since it is a separate cause of action for the petitioner, he may pursue the matter according to his wisdom in yet another writ application, if so advised. Even otherwise the challenge seems to be misplaced as the order relates to the year 2004. So far as the claim of the petitioner that he has a right for promotion to the post of Junior Engineer from the post of Sub Overseer is concerned, it seems to be misplaced after having perused the original service record of the petitioner. It is evident that the petitioner was appointed as a Sub Overseer and he continued to work in that capacity before he came to be transferred from Jamshedpur to Darbhanga. Merely because there was a miss description in the transfer order, the post of the petitioner does not get raised to the next higher level and the petitioner cannot draw advantage of the transfer order and the 2 description given to him in that order. The post of the petitioner continued to be the substantive post on which he was working and he can not derive benefit from the order of transfer. The matter does not require any interference in view of the actual state of affairs. So far as claim of the petitioner for promotion at this stage is concerned, since the petitioner retired many many years ago no right as such can be claimed by a person who has already superannuated at this belated stage. The claim seems to be misplaced. The writ has been filed for oblique reason to overcome the difficulty being faced by him because the authorities relegated him to where he belonged and rightly so as he was a Sub Overseer and remained so. The writ application is dismissed. rkp ( Ajay Kumar Tripathi, J.)