IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11418 of 2002 MAHATAM SINGH Versus THE STATE OF BIHAR & ORS ----------- 03 5.3.2009 Heard learned counsel for the petitioner and learned counsel for the State. The claim in the writ application is to be considered for promotion to the post of Inspector of Police with effect from 3.11.1982 and not from 13.4.2000, being the date from which the promotion has been granted. The petitioner is stated to have superannuated on 30.4.2000. Learned counsel for the petitioner submits that the persons junior to the petitioner in the gradation list of Sub-Inspector have been promoted from 3.11.1982. The submission is that in accordance with the judgment of this Court and the Apex Court the period of officiation or ad-hoc promotion on the post of Sub-Inspector of Police is not to be counted for purposes of seniority. But seniority is to be counted from the date of substantive promotion. The counter affidavit of the respondents acknowledges that in accordance with the judgment of this Court, the period of ad-hoc service as a Sub-Inspector cannot be counted for the purpose of seniority. The 2 petitioner is acknowledged to have been confirmed in the rank of Sub-Inspector from 1.11.1980. However, this Court finds the pleadings in the counter affidavit to be confusing. In paragraph-3 of the same, it appears to suggest that the persons promoted from the post of Sub-Inspector to Inspector and who the petitioner claims were junior to him, have been considered for their seniority on the post of Sub-Inspector from the dates on 1971, 1972 and1974 which was granted to them on ad-hoc basis. That obviously is not permissible. This writ application is, disposed with the direction to the respondents to consider the claim of the petitioner for promotion to the post of Inspector from the date of his confirmation on post of Sub-Inspector. If his juniors have been given promotion on the Post of Inspector taking into account their period of ad-hoc service as Sub Inspector, the respondents shall either take corrective action with regard to them or shall grant such promotion to the petitioner from the date that his junior may have been promoted. Let this be done within a maxim period of four months from the date of receipt and/or production of a copy of this order P.K. (Navin Sinha, J.)