IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.457 of 2007 ==================================================== 1. BISHWAJEET DAN, S/O- A.M. DAN, AT PRESENT, POSTED AS ASSISTANT MINING OFFICER, PATNA, DEPARTMENT OF MINES AND GEOLOGY, BIHAR, PATNA. 2. RAGHAW NANDAN PRASAD, S/O- (LATE), DR. ANAND MOHAN PRASAD, AT PRESENT RESIDENT OF B/6, MAGISTRATE COLONY, ASHIANA NAGAR ROAD, P.S. SHASHTRINAGAR, AT & DISTT.- PATNA :---PETITIONERS. Versus 1.THE STATE OF BIHAR 2. COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, GOVT. OF BIHAR, PATNA. 3. COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF JHARKHAND, RANCHI :---RESPONDENTS. ==================================================== Appearance : For the Petitioners : MR. MUKUL SINHA, ADVOCATE. For State of Jharkhand: MR. DHRUBA MUKHERJEE, ADVOCATE. For State of Bihar : MR. RANJAN KUMAR, A.C. TO A.A.G.4. ==================================================== 02. 12.07.2011. Heard learned counsel for the parties. 2. Learned counsel for the petitioners states that prayer made in the writ petition on behalf of Petitioner No. 1 has become infructuous as he has already been granted promotion on the post of District Mining Officer with effect from the due date. So far Petitioner No. 2 is concerned, it is submitted that he being in the State of Jharkhand, his promotion on the post of District Mining Officer has to be considered in the light of the request of the Principal Secretary, Mines, Government of Bihar contained in Letter No. 988 dated 10.6.2009, Annexure-15. In this connection, I may refer to the statement made by the authorities of the State of Jharkhand in their counter affidavit filed on behalf of Respondent No. 3 that the authorities of 2 Jharkhand State have no difficulty in considering the case of Petitioner No. 2 for promotion on the post of District Mining Officer with effect from the due date provided his personal file is sent to the authorities of the Jharkhand State in the light of the request contained in Letter No. 587M dated 12.3.2007. 3. Let the authorities of the State of Bihar ensure transmission of the Personal file of Petitioner No. 2 to the State of Jharkhand within two weeks from the date of receipt of a copy of this order and thereafter the State of Jharkhand should consider the case of Petitioner No. 2 if not already considered for promotion on the post of District Mining Officer in the light of the request contained in Letter No. 988 dated 10.6.2009, Annexure-15, as early as possible, in any case within a period of three months from the date of receipt of the file. It is made clear that any amount payable to Petitioner No. 2 in lieu of promotion for the period prior to the date of creation of the State of Jharkhand (15.11.2000) shall be paid to Petitioner No. 2 by the State of Jharkhand but the same shall be adjusted from the account of the State of Bihar. 4. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)