IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14057 of 2005 GOVIND BALLABH SHARMA, son of late Ramjee Sharma, resident of Village – Nawada, Post Office – Jaintpur Estate, Police Station – Saraiya, District – Muzaffarpur, at present residing at Mohalla – Shivpuri, Post Office and Police Station – Shastrinagar, Town and District – Patna. Versus 1. THE STATE OF BIHAR. 2. Commissioner and Secretary, Department of Water Resources (Irrigation), Government of Bihar, Sinchai Bhawan, Patna-15. 3. Special Secretary, Department of Water Resources (Irrigation), Government of Bihar, Sinchai Bhawan, Patna-15. 4. Under Secretary, Department of Water Resources (Irrigation), Government of Bihar, Sinchai Bhawan, Patna-15. ----------- For the petitioner : M/S. Rajendra Kishore Prasad and B P Sinha. For the State : Mr. Himanshu Kumar Akela, AC to GA 5. ----------- 02. 17.9.2010 There is no fundamental right of an employee to demand promotion. He has a right of consideration, on which there is no dispute at all. It is also a well settled proposition that promotion, post retirement is further not a right of an employee merely on the ground that if a decision was taken at an appropriate time when petitioner became eligible, he would have been the beneficiary of such a decision. Since the authorities have not taken up the claim of the petitioner for promotion, therefore, the said benefit must accrue to him even after the master – servant relationship has come to an end on retirement of the employee. The claim of the petitioner is in similar background. He superannuated from service of the Department of Water Resources on 30th April, 2000. Earlier he came before this Court seeking a direction that he ought to be promoted on the post of Deputy Director because as per the gradation list he was entitled for promotion from the due date. 2 The High Court in its order contained in Annexure-5 did not give any direction for such a promotion but allowed the petitioner to approach the respondents, who were obliged to pass a speaking order. The speaking order now is under challenge, which is Annexure-6 to the writ application. By the said speaking order the claim of the petitioner has been rejected for many a reasons indicated therein. From reading of the speaking order it is evident that the case of the petitioner could not be considered in isolation for promotion. Promotion is based on many a circumstances, which include merit, seniority, vigilance clearance, concurrence of the various departments and the claim of other similarly situated employees, who also came within the zone of consideration. Mere eligibility cannot be the foundation for demanding promotion from a specified date. Promotion is not a game which must begin when the whistle is blown. Promotion is part and parcel of the incidence of service and the moment an employee retires and his master-servant relationship is terminated, right to claim benefit of promotion in the opinion of this Court becomes a suspect. Even otherwise the policies of the State and the guidelines issued by the Finance Department in matters of such kind do not entitle the petitioner for any benefit of promotion from a back date when the petitioner retired years ago on 30th April, 2000. This Court does not find any infirmity in the reasoning given in the impugned order dated 27.9.2005. Learned counsel for the petitioner draws attention of this 3 Court to a decision / an order contained in Annexures 7 and 8 wherein a direction was given for grant of promotion. Details of the background under which such order came to be recorded is not available to this Court. Even otherwise that order seems to have been passed in the facts of that case without laying down any law on the issue. In the present case, what the Court has to decide is the reasonableness of the speaking order and not other issues as such. Since this Court did not find any infirmity in the rationale or the reasoning given for rejection, this Court does not want to interfere with the impugned order. The writ application has no merit. It is dismissed. rkp ( Ajay Kumar Tripathi, J.)