IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18255 of 2009 1. UDAY PRAKASH CHOUDHARY S/O LATE JAGARNATH PRASAD CHOUDHARY R/O VILL- BABHANGAVAN, P.S. BIHPUR, DISTT. BHAGALPUR, AT PRESENT ASSISTANT AND WORKING ON THE POST OF ASSISTANT GODOWN MANAGER, IN THE DISTRICT OFFICE OF STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD., RAJMAHAL, SAHEBGANJ, DISTT. SAHEBGANJ 2. BRAJ KRISHAN KUMAR SINHA S/O LATE JAGAT NARAYAN LAL R/O VILL- CHOTI KHAJARPUR, BHAGALPUR, P.S. & DISTT. BHAGALPUR, AT PRESENT POSTED AS ASSISTANT IN THE DISTRICT OFFICE OF STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD., PURNIA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY DEPTT. OF FOOD AND CONSUMER PROTECTION, GOVT. OF BIHAR, PATNA 3. THE BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD. SONE BHAWAN, BIR CHAND PATEL MARG, PATNA, THROUGH ITS MANAGING DIRECTOR 4. THE MANAGING DIRECTOR BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD., SONE BHAWAN, BIR CHAND PATEL MARG, PATNA For the Petitioner : Mr. B.K.Dubey, Advocate. For the Corporation : M/s R.S. Pradhan, Sr.Adv., A.N.Rai, Advocate. For the State : Mrs. Babita Kumari, AC to SC-1. ----------- 04. 28.01.2010 Counsel for the Bihar State Food and Civil Supplies Corporation(hereinafter referred to as “the Corporation”) has filed counter affidavit on behalf of respondent nos.3 and 4, which is taken on record. 2. Heard learned counsel for the petitioners, State and the counsel for the Corporation. 3. Petitioners have questioned the validity of the office order bearing Memo No.1909 dated 28.2.2009, Annexure-15, whereunder 26 assistants serving the Corporation have been promoted on the post of Assistant Manager ignoring the better claim of the petitioners. 4. From the counter affidavit it appears that the petitioners have not been considered for promotion as they are not graduates and only those assistants of the Corporation who were graduate or - 2 - possessed equivalent qualification have been considered and promoted as Assistant Manager under the impugned office order. In this connection, learned counsel for the Corporation pointed out that the Board of the Corporation in its 129th meeting held on 10.6.2008 resolved that only graduates amongst the Assistants serving the Corporation shall be considered for promotion on the post of Assistant Manager. Reference in this connection was made to the memorandum dated 10.6.2008, Annexure-C, which was considered by the Board of the Corporation in its 129th meeting held on 10.6.2008, perusal whereof indicates that thereunder the office order no.1026 dated 31.1.2008 providing for the chain of promotions and other details was also placed before the Board and with reference to the said order it is submitted that only those head assistants, who possessed graduate or equivalent qualification could be considered for promotion on the post of Assistant Manager vide serial no.129.12 of the resolution taken in 129th meeting. Perusal of serial no.129.12, however, indicates that thereunder the Board approved that the employees of the Corporation be considered for promotion as per the Government Rules. Decision of the Board taken in its 129th meeting and communicated under memo no.4921 dated 13.6.2008 does not indicate that the contents of the office order dated 31.1.2008 has been approved by the Board of the Corporation, in the circumstances, the authorities of the Corporation, in my opinion were not justified in ignoring the claim of the petitioners for grant of promotion on the post of Assistant Manager on the ground that they did not possess the graduate or - 3 - equivalent qualification. 5. Accordingly, I direct the authorities of the Corporation to consider the case of the petitioners for grant of promotion on the post of Assistant Manager in accordance with law as early as possible, in any case within two months from the date of receipt/production of a copy of this order. It shall, however, be open for the Board of the Corporation to take fresh decision in the light of the contents of the office order bearing memo No.1026 dated 31.1.2008, Annexure-A prior to consideration of the case of the petitioners for promotion on the post of Assistant Manager. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)