JUDGMENT By Court.-Heard counsel for the parties. 2. The petitioner had earlier approached the Patna High Court in CWJC No. 4163/96 (R) with the following prayers:- “(i) For grant of Selection Grade with effect from 20.4.1975 to the petitioner in view of recommendation of Pay Revision Committee which is effective with effect from 1.1.1971 onward to all categories of officers adopting under section 79(1) of the Electricity (Supply) Act, 1948, and the order of the Board having no. 5056 dated 8.12.1980 regarding creation of Selection Grade post (annexure-3). (ii) For grant of Senior Selection Grade scale with effect from 20.4.1984 on completion of his nine (9) years service from the date of grant of Selection Grade as being done in all other categories of officers of the Board, i.e. Engineering, Accounts and Administration (Annexure-7) and (iii) For regularization of services of the petitioner on the post of Superintendent (Physician) with effect from 1.5.1987 in which post, the petitioner has already been Incharge, Superintendent (Physician) from that date under the approval of the Board.” 3. The writ petition was disposed of by judgment dated 16th December 1997 by remanding the matter to the respondent Board to consider the case of the petitioner for promotion and take an appropriate decision in accordance with law within stipulated period. Representation of the petitioner was however rejected by order contained in Resolution No. 578 dated 17th June 1998 of the Bihar State Electricity Board issued under the signature of the Joint Secretary of the respondent Board (Annexure-12). The petitioner has once again come before this court with a prayer to grant him the post of Senior Medical Officer in Selection Grade with effect from 20th April 1975 by making necessary correction in Notification No. 305 dated 29th March 1999 and in Senior Selection Grade with effect from 20th April 1984 and also to regularize his services in the post of Superintendent (Physician) with effect from 01st May 1987 with all consequential benefits. 4. It appears that by the Resolution contained at Annexure-12 of Bihar State Electricity Board, the petitioner's claim for grant of Selection Grade with effect from 20th April 1975 as also Senior Selection Grade with effect from 20th April 1984 and for regularization of his services on the post of Superintendent (Physician) with effect from 01st May 1987 has been refused. It appears that by the Resolution contained at Annexure-12 of Bihar State Electricity Board, the petitioner's claim for grant of Selection Grade with effect from 20th April 1975 as also Senior Selection Grade with effect from 20th April 1984 and for regularization of his services on the post of Superintendent (Physician) with effect from 01st May 1987 has been refused. The said resolution however is not under challenge in the present writ application, however except the relief sought for herein in respect of his claim for promotion to the post of Senior Medical Officer in Selection Grade with effect from 20th April 1975, rest of the relief (s) are the same which has been refused by the said resolution. The claim of the petitioner lies on the basis of the Resolution dated 08th December 1980 (Annexure-1/1) wherein the Bihar State Electricity Board had taken a decision to grant Selection Grade post to different categories of officers by upgradation of corresponding posts in the respective original grade from the date and to the extent mentioned against each of them. At serial no. 2, apart from other post of Deputy Director of Accounts / Deputy Director of Personnel / Under Secretary or Senior Medical Officer also having scale of Rs. 1200-60-1800, a decision was taken to sanction 15% of sanctioned strength with effect from 01st January 1971 for Selection Grade Post. However, at paragraph-3 of the said resolution, it was categorically indicated that a minimum of 10 years of service shall be required to entitle an officer for Selection Grade with effect from 01st January 1971 and three years with effect from 01st January 1975 to the Senior Selection Grade. The petitioner admittedly was appointed as a Medical Officer on 20th April 1972. The petitioner had made out a case that there were three posts of Medical Officer in Patratu Thermal Power Station (PTPS), Patratu in the year 1975. However, the claim of the petitioner that he was the Senior Medical Officer at PTPS in the year 1975, is not borne out from the records as admittedly, he was promoted to the post of Senior Medical Officer by Notification No. 305 dated 22nd March 1999 at PTPS and moreover, one Mr. P. Roy who retired on 30.04.1987 from the post of Superintendent was senior to other Medical Officer including the petitioner at PTPS, Patratu. 5. P. Roy who retired on 30.04.1987 from the post of Superintendent was senior to other Medical Officer including the petitioner at PTPS, Patratu. 5. The respondent Bihar State Electricity Board, in their counter affidavit, had taken a stand that a sanctioned post of Senior Medical Officer at Barauni Thermal Power Station was transferred to PTPS with immediate effect by the Board's Office Memo No. 1315 dated 22nd March 1999. The respondent Board in its counter affidavit at paragraph-6 have stated that there were five number of posts of Medical Officer and one post of Senior Medical officer available on 20th April 1975. In addition to this, there was a provision of the post of Senior Medical Officer (Selection Grade) as per Board's Resolution No. 5056 dated 8th December 1980 with the condition that facility of Selection Grade will not be admissible in case where number of the post in Senior Medical Officer is less than three. It is the case of the respondents that there was only one sanctioned post of Senior Medical Officer since 1970, hence the question of giving promotion to the post of Senior Medical Officer (Selection Grade) to any Medical Officer did not arise. Therefore, the petitioner was not granted Selection Grade with effect from 20th April 1975 as the facility of Selection Grade is only admissible in the cadre of Senior Medical Officer. The petitioner joined the Board on 20th April 1972 and as per the gradation list finalized vide office order no. 365 dated 23rd January 1990, only then he was the senior most Medical Officer in the Board. 6. One of the criteria for grant of Selection Grade was that the incumbent should be on the post of Senior Medical Officer and should have completed 10 years of service reckoning from 01st January 1971. The petitioner in the first round of litigation has made a claim for grant of Selection Grade with effect from 20th April 1975 in terms of the same resolution dated 8th December 1980 (Annexure-1/1) which in any case, however was not admissible to him as he had neither completed ten years of service, nor was in the post of Senior Medical Officer at the relevant point of time. 7. 7. In the present writ application, after passing of the resolution dated 17th June 1998, the petitioner had sought shifting of the date of promotion granted to him as a Senior Medical Officer, PTPS, Patratu by Notification No. 305 dated 29th March 1999 to be effective from 20th April 1975. However, as stated by the respondents, there was only one post of Senior Medical Officer at PTPS, Patratu in 1970 and as per Board's resolution of 8.12.1980, the avenue of Selection Grade was not admissible in case where the number of posts of Senior Medical officer was less than three. Therefore, the claim of the petitioner for promotion to the post of Senior Medical Officer in Selection Grade with effect from 20th April 1975 by making necessary correction in the Notification No. 305 dated 29th March 1999, is not tenable in law as well as on facts. He has been promoted to the post of Senior Medical Officer only on 29th March 1999. So far as the relief's in respect of the other two prayers which have been made on his behalf is concerned, he had earlier approached the Patna High Court in CWJC No. 4163/96 (R) and the Court, after hearing the parties, remanded the matter to the respondents to take a decision in accordance with law in the following terms: “7. From perusal of annexure-D which is a proceeding of the Departmental Promotion committee held on 22.3.93, it appears that so far as petitioner is concerned, the Committee took the decision that he is qualified for 1st / 2nd time bound promotion on 11.6.92 as he had completed 17 years of service on 11.6.92. However, the case of the petitioner was kept pending due to charges against him. As noticed above, the Board decided to initiate departmental proceeding against the petitioner by resolution dated 2.9.93 (annexure-3) and admittedly, therefore, no departmental proceeding was pending against him on 22.3.93. It is rather surprising that after the writ application was filed the respondent Board came with another charge sheet (annexure-E) dated 12.9.97 making charges against the petitioner in respect of some irregularities alleged to have been committed in 1974 and 1976. It is rather surprising that after the writ application was filed the respondent Board came with another charge sheet (annexure-E) dated 12.9.97 making charges against the petitioner in respect of some irregularities alleged to have been committed in 1974 and 1976. This charge sheet on the face of it appears to be illegal and mala fide and issuance of this charge sheet also shows mala fide intention of the respondent Board in proceeding against the petitioner for the charges which took place 20 years back particularly when prior to 12.9.97 the petitioner crossed efficiency bar and because of his efficiency he was made Incharge of Superintendent and for the last 10 years he has been working as such.” 8. Perusal of the operative portion of the order, would indicate that the Patna High Court had found that the respondents were not justified in refusing to grant him the time bound promotion after completion of necessary period on the ground of pendency of charges, though the departmental proceeding was initiated later on 2nd September 1993 before which the Departmental Promotion Committee had held its meeting on 22nd March 1993. Moreover, the High Court had observed that the subsequent charge sheet issued on 12th September 1997 alleging certain irregularities of the years 1974 and 1976, were prima facie illegal and malafide and the proceeding thereof having been initiated after 20 years of the alleged incidence. In the said judgment therefore, The Patna High Court did not hold that he is entitled to the claim for grant of Selection Grade and Senior Selection Grade from 1975 and 1984. The respondents were directed to take a decision on the case of promotion of the petitioner within a stipulated period. As already indicated herein above, after the direction of the Patna High Court, all the three relief (s) have been denied to the petitioner by a reasoned order which admittedly is not under challenge in the present writ application. The petitioner has preferred this writ application with the same prayers apart from other prayer to shift the date of his promotion granted on 29th March 1999 which has been held to be not tenable in law as well as on facts. 9. The petitioner had filed an application for voluntary retirement from service of the Board and the same had been accepted on 31st October 2000. 9. The petitioner had filed an application for voluntary retirement from service of the Board and the same had been accepted on 31st October 2000. In these circumstances, and the reasons indicated herein-above, the petitioner has failed to make out any case for issuance of any direction or writ of mandamus in the nature prayed for . The writ petition is therefore dismissed. Petition dismissed.