IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6772 of 2001 UMA SHANKAR TRIPATHI Versus THE STATE OF BIHAR & ANR ----------- 3 9.9.2008 Heard learned counsel for the petitioner and the State. The petitioner who was appointed as literate constable in the state police on 10.9.1971 and subsequently promoted to the post of A.S.I on 24.9.1981 is before this court with a claim to be considered for promotion to the post of Sub Inspector of police with the additional grievance that while his juniors have been considered and promoted, he has been discriminated against. The counter affidavit on behalf of the respondents states that the case of the petitioner shall be considered by the Selection Board and if he is found fit, he shall be promoted. It acknowledges that juniors to the petitioner have been promoted. But urges that they have been considered and promoted as such in pursuance of orders of this court. No court of law can pass and will pass an order contrary to the Articles 14 and 16 of the Constitution of India. If the respondents in their wisdom either fail to appreciate or understand the orders of this court and seek misplaced shelter under the same to perpetuate legality, it is for them to answer the same. Let the case of the petitioner be considered for promotion from the date that his juniors have been promoted to the post of Sub Inspector of police within a maximum period of four months from the date of receipt/production of a copy of this order. - 2 - The writ application stands disposed. shahid (Navin Sinha,J )