1. Heard learned counsel for the petitioner and the State.

2. The relief sought in this writ application is for a mandamus to consider the petitioner for substantive promotion to the post of Private Assistant to the Collector at Gopalganj. The petitioner was made in- charge Private Assistant on 11.2.1997 pending regular appointment of the eligible person. It is further asserted that in the gradation list of stenographers, the only person above him superannuated on 30.9.1999. As such his name was also recommended in the panel by the District Establishment Committee made to the Commissioner by letter dated 14.9.1996 and 8.11.1996 concurred by the Commissioner on 14.9.1999. He additionally makes a grievance that though the work of Private Assistant was taken from him from 12.2.1997 to 30.9.1999 while he held the post of Stenographer for which he was denied the compensatory allowance under Rule 103 of Bihar Service Code also.

3. The eligibility of the petitioner to be considered for promotion to the post of Private Assistant to the Collector is not denied in the counter affidavit as the person above him had retired on 30.9.1999. After that date, there was no impediment in the c