IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16210 of 2006 STATE FOOD CORPORATION EMPLOYEES UNION, BIHAR & JHARKHAND Versus THE BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED ----------- 7/ 31/03/2009. Heard learned counsel for the petitioner, learned counsel for the respondent corporation and learned counsel for the State. The controversy involved in this case questioning the move for appointments on contract basis, on posts which constitute promotional avenues under the employees has been adequately noticed in the orders of this Court dated 27.1.2009. Learned counsel for the respondent corporation and the State inform this Court that for the posts of Deputy Chief, Assistant Manager, Personnel Manager and Assistants, which are all promotional posts, roster clearance has been given by the State of Bihar and necessary office orders for promotion have also been issued. It is next submitted that with regard to the posts of auditors, salesman, typists and accounts assistants roster clearance is awaited from the State Government and no sooner it is received, the process of appointment/promotion shall commence. This process is, however, being delayed on account of certain queries 2 made by the State Government to which the corporation is stated to have replied or is in the process of replying. Learned counsel for the petitioner at this stage informs the Court that there are certain additional posts which also fall in the category of such promotional posts and on which the respondents shall not be justified in making appointments on contract. This Court considers it appropriate to direct that insofar as the four posts in respect of which the process is still awaiting completion, the Managing Director of the respondent corporation and the Secretary, Department of Food and Consumer Protection shall hold a joint sitting to resolve all issues and answer the queries of each other within a maximum period of three months from the date of receipt/production of a copy of this order before the Secretary, Department of Food and Consumer Protection. Necessary consequential orders of promotion shall then be issued without any further delay. The failure on part of the Managing Director of the respondent corporation and the Secretary, either individually or jointly within the time frame as above, shall constitute a clear case of flouting of the orders of the Court exposing them to the risk of proceedings in the contempt jurisdiction. Insofar as the prayer of the petitioner with 3 regard to certain additional posts are concerned, if the petitioner files a representation in that regard along with the certified copy of the present order, this Court requires the Managing Director and the Secretary concerned to adequately consider the same in their joint sitting in accordance with law thereupon also without compelling the petitioner each time to have to approach the High Court for what may otherwise be a purely administrative issue within the same time. The application is disposed. KC (Navin Sinha, J.)