Nand Kishore Chaubey vs The State Of Bihar & Ors on 12 September, 2011

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.3079 of 2007
              Nand Kishore Chaubey, SON OF LATE RAGHU NATH CHOUBEY,
              RESIDENT OF VILLAGE- GURAHA, P.S.- GOVIND GANJ, DISTRICT-
              EAST CHAMPARAN :---PETITIONER.
                                                  Versus
              1. The State Of Bihar
              2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF
              POLICE, BIHAR, MAIN SECRETARIAT, PATNA.
              3. THE DEPUTY INSPECTOR GENERAL OF POLICE (PERSONNEL)
              MAIN SECRETARIAT, PATNA.
              4. THE DEPUTY INSPECTOR GENERAL OF POLICE, MAGADH
              RANGE, GAYA.
              5. THE SUPERINTENDENT OF POLICE, ROHTAS :---
              RESPONDENTS.
                                     ----------------------------------

2. 12.09.2011. Heard learned counsel for the petitioner and

the State.

2. During the pendency of the writ petition

petitioner superannuated while serving as Sub-

Inspector of Police with the District Police, Rohtas with

effect from 30.6.2009. He has filed this writ petition

praying, inter alia, to direct the State-respondents to

consider his case for promotion on the post of

Inspector of Police as others junior to the petitioner

included at Serial No. 1196, 1244, 1370, 1378 of the

Gradation List have already been so promoted. Serial

number of the petitioner in the Gradation-List is

760(A).

3. By filing counter affidavit the State-

respondents have opposed the prayer by stating that

petitioner has been promoted as Sub-inspector of

Police in the year 1994 and thereafter no junior to him

has been promoted as Inspector of Police.

4. In the counter affidavit there is no denial of
2

the fact that the serial number of the petitioner in the

Gradation-List is 760(A) as also that Serial No. 1196,

1244, 1370, 1378 have already been promoted as

Inspector of Police. In view of the fact that junior to the

petitioner in the Gradation List having Serial No. 1196,

1244, 1370, 1378 already been promoted as Inspector

of Police, and such fact having not been disputed in the

counter affidavit, I have no option but to direct the

State-respondents to consider the case of the petitioner

for promotion on the post of Inspector of Police with

effect from the date his juniors were so promoted.

Necessary consideration in this regard be made by the

competent authority, as early as possible, in any case

within a period of three months from the date of

receipt/production of a copy of this order before the

competent authority.

5. The writ petition is, accordingly, disposed

of.

P.K.P.                            (V.N.Sinha,J.)