IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11310 of 2002 ALEY HABIB Versus THE STATE OF BIHAR & ORS ----------- 06 4.3.2009 Heard learned counsel for the petitioner and learned counsel for the State. Notwithstanding, grant of four adjournments, no counter affidavit has been filed on behalf of respondents, though the writ application is pending since October, 2002. The matter relates to a claim to be considered for promotion. The Court is not inclined to adjourn the matter any further for filing of counter affidavit. The order dated 15.11.2002 notices the submission of the petitioner that he is the senior most Electric Instructor in the Polytechnic College, his name stands at Serial No.-15 of the cadre and out of 14 persons above to him 13 persons have already superannuated, and that vacancies on the post of Foreman exists. It is not in controversy that the post of Electric Instructor and Foreman are not the same, but that the latter is a promotional post. The impugned order at Annexure-7 dated 2 20.2.2002 itself notices that of the two persons, senior to the petitioner, one has been allocated to the State of Jharkhand, which manifests that vacancy arose in the cadre, when the petitioner automatically moves up the ladder. The impugned order proceeds to reject his claim, thereafter on the reasoning that he has been granted time bound promotion. Time bound promotion is not a substantive promotion. The petitioner seeks a substantive promotion. The relevant date with regard to the applicability of rules for promotion is on the date that the petitioner became eligible for consideration. Any change in the rules thereafter shall not come in his way for consideration, denied on the due date. Annexure-7 dated 20.2.2002 is set aside. The matter is remanded to respondent no.2 to take a fresh decision by passing a reasoned and speaking order on the claim of consideration for promotion of the petitioner within a maximum period of 12 weeks from the date of receipt and/or production of a copy of this order. The writ application stands disposed off. P.K. (Navin Sinha, J.)