1. Heard learned counsel for the petitioner, for the State as also learned counsel for the Bihar Public Service Commission.

2. The relief prayed for in this writ application is for promotion to the post of Labour Superintendent, the next promotional avenue from the Labour Inspector. The gradation list of Labour Inspectors was drawn up on 28.3.1990. The petitioner does not make an issue of the same to submit that he is entitled to be promoted in accordance therewith. From the supplementary counter affidavit filed on behalf of the respondent-State it appears that by Rule 6 of the Labour Service (General) Rule, 1969, 50% posts of Labour Superintendents are to be filled up by promotion from the post of Labour Inspectors. The supplementary counter affidavit acknowledges the eligibility of the petitioner for consideration and that the Departmental Promotion Committee on 4.1.2000 after considering his case recommended the same to the Bihar Public Service Commission. It, however, then contends that the name of the petitioner was not approved and recommended by the B.P.S.C. because he superannuated in the meantime on 31.1.2000.

3. The counter affidavit filed on behalf of the Commiss