IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4737 of 2010 1. RAM BADAN SINGH S/O LATE DUDH NATH SINGH R/O MOH RAJEYA, P.S.PIROO, DISTT-BHOJPUR (ARA) Versus 1. THE STATE OF BIHAR THROUGH ITS COMMISSIONER WATER RESOURCES DEPARTMENT PATNA 2. THE CHIEF ENGINEER , WATER RESOURCES DEPARTMENT DIHRI 3. THE EXECUTIVE ENGINEER SONE HIGH KAMAN CANNAL DIVISION BHABHUA 4. THE DEPUTY COLLECTOR , REVENUE SUB-DIVISION ARA ----------- 2. 2.11.2010 Heard learned counsel for the petitioner and the State. Counter affidavit stated to have been filed on behalf of the respondents on 29.10.2010 but is not available on record. Let the office place it on record. The Court therefore requested counsel for the State to make available his copy for perusal. Let a Xerox copy of the same be kept on the record. The petitioner claims to have been appointed as Circle officer (Ziladar) in the Revenue Establishment under the Irrigation Department at Purnea on 30.8.1971. He superannuated from that post on 31.7.2004 while working in the office of Revenue Sub-Division at Ara under the Chief Engineer Water Resources Department-Dehri. He seeks relief to be considered for grant of 1st and 2nd A.C.P. The petitioner is stated to have represented 2 for the purpose on 30.12.2008. The counter affidavit in Paragraph-6 states that the post hold by the petitioner was a non- gazetted post and for which passing of Canal Law Part-I examination was essential. Since the petitioner had not passed the examination, he was not eligible to be granted A.C.P. benefits. The second ground from Annexure-B dated 4.5.2010 for passing of departmental exam is denied on behalf of the petitioner by submitting that it pertains to Gazetted posts and not non-gazetted post. Counsel for the petitioner next relies upon a Government notification dated 9.1.1971 framing revised rules for recruitment of persons to the post of Ziladar (Circle Officer) in the Irrigation Department, Government of Bihar in exercise of power under Article 309 of the Constitution of India. He submits from Rule-9 that a Tehsildar promoted to the rank of Ziladar was required to pass the departmental examination in practical surveying, reading of maps and Canal Law Part-I examination within two weeks of his promotion. If he fails to clear the examination he would be reverted. Rule-4 visualizes filling up of the post of Ziladar by direct recruitment or by promotion of Tehsildar as per 3 quota fixed. There was no requirement in the rules for passing any examination by a direct recruit which the petitioner was. Unfortunately, the petitioner has not placed this notification on record by way of supplementary affidavit. The petitioner is required to disclose each ground on which the writ petition relies. The respondents cannot be taken by surprise. Simultaneously, if Rules had been framed under Article 309 for direct appointment of Ziladar (Circle Officer) and promotion and the rules provided for departmental examination with regard to promotional quota only, these are matters which the respondents had to more fairly place before the Court. Failure to place relevant laws/circulars and to file a counter affidavit suggestive otherwise may tantamount to an attempt to misleading the Court. The respondents are expected to be more careful in filing counter affidavits. This Court therefore holds that there has been no proper consideration of the case of the petitioner. Let the petitioner file a representation along with a copy of the notification dated 9.1.1971. Let his claim be considered in accordance with law 4 within a maximum period of two months and disposed by a reasoned and speaking order. It is expected that if the respondents find justification in the claim or in any part of the claim necessary consequential order shall be issued forthwith. This Court also directs the Commissioner, Water Resources Department to departmentally examine and take appropriate corrective action on the manner in which the counter affidavit came to be filed by the respondents The writ application stands allowed. P. Kumar ( Navin Sinha, J.)