Judgment 1. Heard learned counsel for the petitioners and the learned Counsel for the State. 2. The grievance in the present writ application is for a direction to the respondents to fill up the existing vacancies of the Bihar Statistical Services by grant of promotion to the higher posts in the various categories from the basic grade. 3. Learned Counsel for the petitioners would submit that 50% of the basic grade posts were to be filled by direct recruitment from the Bihar Public Service Commission and rest through promotion from the Block Statistical Supervisors cadre. The promotional posts would be that of Deputy Director, Joint Director and Senior Joint Director in that order be filled up 100% by promotion from the basic grade. It is-submitted that notwithstanding the availability of vacancies in the superior promotional posts, the respondents are not taking a decision for grant of regular promotion to the persons eligible. The functioning is on the basis of adhocism by which additional charges or officiating charges of the superior posts is given to persons notwithstanding that they were eligible for consideration for regular promotion. The short submission made on behalf of the petitioners is that the respondents, in order to prevent stagnation in service would be required to consider the eligible candidates for promotion from the basic grade to the superior posts in accordance with the cadre strength, eligibility and availability of posts. The failure to do so was arbitrary infringing the fundamental right of the petitioners under Articles 14 and 16 of the Constitution which would guarantee them the right to be considered for further promotion. 4. A counter affidavit has been filed on behalf of the respondents. Para 5 of the counter affidavit would disclose the cadre strength of officers in the Directorate of Statistics. The counter affidavit would then put forth the plea of bifurcation of the original State of Bihar as a justification for on consideration of the cases of the petitioners for promotion. 5. This Court in the facts and circumstances of the case arrives at the conclusion that right of an employee to be considered in proper time for promotion would in itself constitute a fundamental right. He cannot be denied such right except at the risk of arbitrariness. 5. This Court in the facts and circumstances of the case arrives at the conclusion that right of an employee to be considered in proper time for promotion would in itself constitute a fundamental right. He cannot be denied such right except at the risk of arbitrariness. The fact that the State would have been bifurcated in the year 1000 would hardly be of any relevance in he present controversy where the claim is or non-grant of promotion from the periods as far back as 1992. In the circumstances, his Court considers it proper to direct that the respondents consider the cases of all the eligible persons of the basic grade for promotion to the superior posts and to further posts from such lower superior posts above basic grade in accordance with the cadre strength as disclosed by the respondents themselves in accordance with law as existing prior to and on the date of bifurcation of the State. Needless to state that such consideration and consequential grant of promotion would have to be from the date that the respondents would find a candidate eligible for the same. Learned Counsel for the petitioners, aptly relies upon para 7 of the judgment of the Supreme Court reported in 1990 (Supp) SCC 688 (Dr. Ms. O.Z. Hussain vs. Union of India). "7. This Court has on more that one occasion, pointed out that provision for promotion increases efficiency of the public service while stagnation reduces efficiency and makes the service ineffective. Promotion is thus a normal incidence of service. There too is no justification why while similarly placed officers in other ministries would have the benefit of promotion, the non-medical A Group scientists in the establishment of Director General of Health Services would be deprived of such advantage, in a welfare State, it is necessary that there should be an efficient public service and, therefore, it should have been the obligation of the Ministry of Health to attend to the representations of the Council and its members and provide promotional avenue for this category of officers. It is, therefore, necessary that on the model of rules framed by the Ministry of Science and Technology with such alterations as may be necessary, appropriate rules should be framed within four months from now providing promotional avenue for the A category scientists in the non-medical wing of the Directorate." 6. It is, therefore, necessary that on the model of rules framed by the Ministry of Science and Technology with such alterations as may be necessary, appropriate rules should be framed within four months from now providing promotional avenue for the A category scientists in the non-medical wing of the Directorate." 6. This would have been followed in the judgment reported in AIR 2004 SC 1249 (State of Tripura & Ors. vs. K.K. Roy). 7. The fact that the bifurcation may have been effected in the year 2000, in the aforesaid circumstances would hardly be of any relevance when the period of consideration in question would be much prior to that on the basis of cadre strength as existing prior to such bifurcation. 8. In the circumstances, this Court directs the respondents to carry out such consideration and issue consequential orders in accordance therewith within a period of four months from the date of receipt or production of a copy of this order. 9. This writ application having been preferred on behalf of the registered Association would be applicable in respect of all its members and the respondents would be precluded from raising any objection on the ground that a particular individual was not a party to the present writ application. 10. The writ application accordingly stands allowed to the extent indicated.