JUDGMENT :

Madan B. Lokur, J.

1. Leave granted.

2. From sometime in 1990, both the Respondents were holding the post of Functional Manager in the Department of Industries in the erstwhile State of Bihar. Later, they were working as in-charge General Manager/Deputy Director of Industries with effect from 9thNovember, 1998 and 1st November, 1996 respectively.

3. On 15th February, 1999 a meeting of the Departmental Promotion Committee (DPC) was convened for recommending promotions of Functional Managers to the next higher post of General Manager/Deputy Director of Industries. The DPC recommended seven Functional Managers (including both the Respondents) be promoted to the post of General Manager/Deputy Director of Industries.

4. For one reason or another, the recommendation of the DPC was neither accepted nor rejected. Consequently, four of the seven persons recommended for promotion, including Bindeshwari Das, filed a writ petition in the Patna High Court being C.W.J.C. No. 115 of 2004. It was prayed in this writ petition filed against the State of Bihar that a direction be issued to the State of Bihar to promote them to the post of General Manager/Deputy Director of Industries.

5. In the