IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15823 of 2001 BINDA KUMAR @ BINDA KR.SINGH SON OF RAM SWAROOP SINGH, RESIDENT OF AT AND P.O. KARASARA, P.S. KONCH, DISTRICT GAYA 2. RAM BARAT RAM, SON OF LATE KESHAV RAM, RESIDENT OF VILLAGE KAMAL BIGHA, P.O. KURMAMA, P.S. KONCH, DISTGRICT- GAYA.... PETITIONERS Versus THE STATE OF BIHAR 2. Commissioner, Magadh Division , Gaya 3. Chairman, Zila Parishad, Gaya. 4. Secretary-cum- Deputy Development Commissioner, Zila Parishad, Gaya. 5. Principal Secretary, Personnel and Administrative Reforms Department, Bihar, Patna. ... Respondents. ----------- 8 19-3-2009 Heard learned counsel for the petitioner, learned counsel for Gaya Zila Parishad and learned counsel for the State. Petitioner wants a writ to be issued to direct the Authority of Zila Parishad, Gaya to consider petitioner’s claim for promotion from a Class-IV post to Class -III post in accordance with law and the Circulars issued by the State Government from time to time, which according to the petitioner governs also the case of the employees of Zila Parishad in so far as they may be applicable with necessary modification. The stand of the Zila Parishad in its counter affidavit is that due to financial difficulties the Zila Parishad is not in a position to recruit or promote further employees in Class-III posts and that no persons junior to the petitioner in Class-IV categories have been promoted to any Class-III post so far. It is well established in law that right of an employee in respect of promotion is confined to the right of a fair consideration. The stage for such consideration will arise only - 2 - Naresh when the Zila Parishad will take steps for further recruitment/promotion to Class-III post. As soon as that stage is arrived, the case of the petitioner for promotion to Class- III post must also be considered by the Zila Parishad, Gaya fairly and in accordance with law. The writ petition is disposed of. ( Shiva Kirti Singh,J)