IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3017 of 2009 1. SUDHIR KUMAR S/O SIR PARMANAND PRASAD R/O MOHALLA, 24, ADARSH COLONY, PS-KOTWALI Distt-PATNA 2. SANJAY KUMAR SINHA S/O SHRI AMRENDRA NATH SINHA, R/O HOUSE NO. 164, PALLIPUTRA COLONY, PS-PATLIPUTRA DISTT- PATNA---------------PETITIONERS. Versus 1. THE STATE OF BIHAR 2. CHIEF SECRETARY, GOVT. OF BIHAR,PATNA 3. PRINCIPAL SECRETARY, FOREST & ENVIORNMENT DEPARTMENT, GOVT. OF BIHAR 4. PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA 5. PRINCIPAL SECRETARY, DEPARMENT OF PERSONNEL & ADMINISTRTIVE Reforms, Govt. of Bihar, Patna 6. Principal Chief Conservator of forest, Bihar, Panta. ----------- 2 5.3.2009 Heard learned counsel for the parties. Petitioners’ contention is that after due process of selection carried out by the B.P.S.C. they were appointed on the permanent posts of Assistant Conservator of Forest vide notification dated 30.3.1990. Since then they have been shouldering their responsibilities and they have right to claim promotion under the rule what is known as Bihar State Employees Condition of Service (Assured career Progression Scheme) Rules, 2003. There is nothing in the writ application to show that the petitioners have first lodged their claims with the competent authority and there is failure on the part of the public authority to perform the public duty. In that view of the matter, this writ application is disposed of with liberty to the petitioners that they shall file their claims for promotion under A. C. P. Scheme Rule 2003 by giving - 2 - the basic details of their service careers and the competent authority which the Court is informed is respondent no.3, Principal Secretary, Forest & Environment Department, Govt. of Bihar will decide the same within a period of four months from the date of communication or production of the copy of the order. This writ application is disposed of with the above direction RPS (Ajay Kumar Tripathi,J.)