IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2007 of 2007 Maheshwar Prasad Singh, son of Late Bahadur Singh Resident of Village: Alipur, P.S. Bakhtiyarpur, District Patna, presently posted as Helper (Class- IV employee) in the office of Executive Engineer Central Division, Building Construction Department, Patna, Near West of High Court, Patna ….. …… Petitioner Versus 1. The State Of Bihar through Secretary, Building Construction Department, Visheshwaraiya Bhawan, New Secretariat, Patna 2. The Chief Engineer, Southwing, Building Construction Department, Visheshwaraiya Bhawan, New Secretariat, Patna 3. The Superintending Engineer, South Bihar Circle, Building Construction Department, Punaichak, Patna 4. The Executive Engineer, Central Division, Building Construction Department, Patna Near West of High Court, Patna 5. The Registrar, Head Quarter, Building Construction Department, Visheshwaraiya Bhawan, New Secretariat, Patna ….. …… Respondents ---------------------------------- 02/ 11.08.2011 Heard learned counsel for the petitioner and the State. 2. During the pendency of the writ petition, petitioner superannuated while serving on the post of Gardener in the office of the Executive Engineer, Central Division, Building Construction Department, Patna. Earlier he had filed the writ petition praying, inter alia, to direct the State- respondents to consider his case for promotion on Class III post, as one 2 Devendra Prasad Sinha, who is not included in the Merit-cum- Seniority list, Annexure-2, was so promoted. 3. It is submitted on behalf of the petitioner that aforesaid Devendra Prasad Sinha was junior to the petitioner in Class IV Grade. It is, however, not stated in the writ petition that aforesaid Devendra Prasad Sinha never passed the departmental examination required for promotion on Class III post. 4. This writ petition is, accordingly, disposed of directing the petitioner to represent before the competent authority of the State Government praying that his case should be considered for grant of promotion on the grounds stated in the writ petition. The representation filed in compliance of this order be disposed of by the competent authority of the State Government as early as possible, in any case within two months from the date of its receipt. In case petitioner is allowed promotion, the same shall be given to him for the period until he remained in service. Arjun/ ( V. N. Sinha, J.) 3