IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2777 of 1997 1.ANIL KUMAR SINHA, S/O SRI RAJ NARAIN PRASAD, R/O VILLAGE & POST CHAUGAIN, VIA KARATH, DISTRICT ROHTAS. 2.SANJAY KUMAR, S/O MAHATHA KRISHNA KANT PRASAD, R/O R.F. 249, KANKARBAGH COLONY, P.O. KANKARBAGH, P.S KANKARBAGH, DISTRICT PATNA. ............PETITIONERS Versus 1.THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIATE BUILDINGS, KRANTI MARG, PATNA-800015. 2.FINANCE COMMISSIONER, GOVERNMENT OF BIHAR, OLD SECRETARIATE BUILDINGS, KRANTI MARG, PATNA-800015. 3.SECRETARY, HOME (SPECIAL) DEPARTMENT, OLD SECRETARIATE BUILDINGS, KRANTI MARG, PATNA- 800015. 4.DORECTOR GENERAL OF POLICE, OLD SECRETARIATE BUILDINGS, KRANTI MARG, PATNA- 800015. 5.INSPECTOR GENERAL OF POLICE, MODERNISATION CUM JOINT DIRECTOR, COMPUTER BHAWAN, OPPOSITE BOTANICAL GARDEN, BAILEY ROAD, PATNA-800015. .............RESPONDENTS. ----------- 10/ 12.05.2011 No one appears for the petitioner. The prayer of the petitioner in this writ application reads as follows:- 'That this writ petition for and on behalf of petitioners above named have been preferred with the prayer to issue a writ of Mandamus, or any other suitable writ or order or direction, commanding the respondents to create a cadre of computer specialists in the police department, and to grant the persons working as computer specialists in the police department appropriate pay scale and emoluments on the principal of equal pay for equal work from the dates they have started working as such in the department.' In the considered opinion of this Court such a prayer cannot be allowed for a simple reason that it is the 2 prerogative of the Executive/State Government to either create or amalgamate or separate the cadre of its Office/employees. In the the said executive functioning of the State, this Court cannot issue a direction for creation of cadre for persons working as computer specialist. As a matter of fact the use of computer in the present era has to be done in all branches of the different departments of the government and therefore, the persons assigned with the work of computer application cannot claim any preference by virtue of being appointed on the post for handling the work of computer. In the counter affidavit, it has been correctly clarified that in the Police Department there is no separate Directorate for computer and in fact there is a post only for Director General of Technical Services under whom, all the technical work are being monitored which also includes wireless and computer. In this regard, it has also been stated in the counter affidavit that the petitioners were also appointed in the police department on temporary post as they were having the knowledge of computer and allotted duty for handling the work on computer. From the reading of the materials on record, it would thus be clear that the petitioners want special avenue to be created by way of a separate cadre for their own promotion to the exclusion of the other constables. 3 This however, is not permissible in law and at least this Court cannot issue direction to the respondents to create the cadre especially for the petitioners. Simply because they are handing computers. That being so, this application is wholly misconceived and is accordingly dismissed. Ranjan (Mihir Kumar Jha, J)