IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5485 of 2007 YOGENDRA SINGH, SON OF LATE BHAGWAT SINGH, RESIDENT OF VILLAGE PHATEHPUR, P.O. AND P.S. PHATEHPUR, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY ANIMAL HUSBANDRY, GOVERNEMNT OF BIHAR, PATNA. 2. THE DIRECTOR, ANIMAL HUSBANDRY, GOVERNEMNT OF BIHAR, PATNA. 3. THE REGIONAL DIRECTOR, ANIMAL HUSBANDRY, SASARAM. ---------------------------------- With Civil Writ Jurisdiction Case No.5494 of 2007 RATNESH KUMAR, SON OF SRI RAJGIRIH GUPTA, RESIDNET OF VILLAGE JOSAL DIAB, P.O. AND P.S. JOSAL DIAB, DISTRICT ROHTAS (SASARAM) Versus 1. THE STATE OF BIHAR THROUGH SECRETARY ANIMAL HUSBANDRY, GOVERNEMNT OF BIHAR, PATNA. 2. THE DIRECTOR, ANIMAL HUSBANDRY, GOVERNEMNT OF BIHAR, PATNA. 3. THE REGIONAL DIRECTOR, ANIMAL HUSBANDRY, SASARAM ---------------------------------- With Civil Writ Jurisdiction Case No.5582 of 2007 CHANDRAMA RAM, SON OF LATE RAM SINGARI RAM, RESIDENT OF VILLAGE DAWANPUR, P.O. AND P.S. KARBANDIYA, DISTRICT ROHTAS(SASARAM) Versus 1. THE STATE OF BIHAR THROUGH SECRETARY ANIMAL HUSBANDRY, GOVERNEMNT OF BIHAR, PATNA. 2. THE DIRECTOR, ANIMAL HUSBANDRY, GOVERNEMNT OF BIHAR, PATNA. 3. THE REGIONAL DIRECTOR, ANIMAL HUSBANDRY, SASARAM ---------------------------------- 02. 09.11.2011 Heard learned counsel for the petitioners and the State. 2. Petitioners in the three writ petitions are Class-IV employees in the directorate of Animal 2 Husbandry. They have filed this writ petition praying inter alia to direct the directorate of Animal Husbandry to consider their case for grant of promotion as Live Stock Assistant which is a Class- III post. In this connection, they have placed reliance on the order of the Director, Animal Husbandry bearing Memo No.5012 dated 1st November, 2003 as also subsequent order bearing Memo No.5319 dated 24th November, 2003 whereunder promotion on the post of Live Stock Assistant has been granted to a trained Class-IV employee from the date of training. 3. By filing counter affidavit on behalf of respondent nos.1 to 3 in C.W.J.C. No.5494 of 2007 the Additional Director, Animal Husbandry, Govt. of Bihar, Patna has opposed the prayer stating that for earning promotion a Class-IV employee has to appear in the departmental examination as is required under resolution of the Government dated 6th December, 1995, Annexure-B to the said counter affidavit. The counter affidavit, however, does not explain as to how other Class IV employees were promoted on the post of Live Stock Assistant under Memo No.5012 3 dated 1st November, 2003 without appearing in any departmental examination. It appears Government has framed Rules under notification dated 23.03.2011, in terms whereof notification of the Government relied upon in the counter affidavit has been superseded. Under the Rules notified on 23.03.2011, 15 % Class III posts have been kept reserved for promotion of Class IV employees. Accordingly, I direct the State Respondents to consider the case of the petitioners of the three writ petitions for grant of promotion on Class III post in the light of the Rules as also the order of the Directorate of Animal Husbandry bearing Memo No.5012 dated 1st November, 2003 and the subsequent order bearing Memo No.5319 dated 24th November, 2003 as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Director, Animal Husbandry. 4. The three writ petitions are, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)