IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11648 of 2010 BINAY SHANKAR DUBEY Versus THE STATE OF BIHAR & ORS ----------- 02 03.08.2010 The petitioner was posted as the in-charge Block Extension Education Officer, Kataiya. He was asked to handover charge by order dated 11.1.2009. It is his case that he questioned the same in C.W.J.C. No. 7420 of 2009. On 3.7.2009 this Court directed the respondents State to file counter affidavit on the issue whether any one senior to the petitioner has been made in-charge or any steps for permanent posting have been taken. In the mean time, this Court directed status quo as of 3.7.2009 to be maintained. The grievance of the petitioner now is that contrary to the interim order of this Court in C.W.J.C. No. 7420 of 2009 dated 3.7.2009, even while the interim order subsists the respondents have passed a fresh order on 17.7.2010 posting one Sri Ramji Prasad Singh, respondent no.4 at Kataiya thus effectively frustrating the interim order dated 3.7.2009 in the writ application aforesaid. Counsel for the State sought to persuade this Court that on 3.7.2009 the respondents had not been restrained from posting anyone senior to the 2 petitioner or for taking permanent steps for posting. The interpretation which the State seeks to put on the order dated 3.7.2009 is misconceived. This Court specified the query which it wanted answered in the counter affidavit. In the mean time, it had directed maintenance of status quo. The submission of the State that the observations on the question to be answered in the counter affidavit, were the order overriding the interim order is completely unfounded and wrong. The stand which is sought to be taken on behalf of State should appropriately have been the subject matter of an application for modification of the order dated 3.7.2009 in C.W.J.C. No. 7420 of 2009. The administrative chaos is the creation of the respondents. It is for them to solve it insofar as respondent no.4 is concerned. This Court only clarifies that insofar as the petitioner is concerned, the order dated 17.7.2010 being in teeth of the interim order in C.W.J.C. No. 7420 of 2009 is not sustainable. This Court, therefore disposes off the writ application with a direction to the Director Primary Education to pass a reasoned and speaking order in light of the aforesaid discussion insofar as the 3 grievance of the petitioner with regard to the order dated 17.7.2010 is concerned within a maximum period of one week from the date of receipt/production of a copy of this order. This Court considers it prudent to grant the aforesaid time limit only so as to prevent further administrative chaos, when this Court is not primarily concerned with the petitioner or respondent no.4, but is concerned with the violation of the interim order of this Court. The application stands disposed. P.K. (Navin Sinha, J.)