IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9844 of 2008 Kailash Prasad Bhagat son of Sri sarjug Prasad Bhagat, resident of Village, P.O. & P.S. Sagrampur, District Munger, at present posted as Incharge Kaviraj (Baidya) in Sri Baikuntha Datavya Ayurvedic Hospital, Khagra, Naugachia, District Bhagalpur………..Petitioner Versus 1. The State Of Bihar. 2. The Principal Secretary, Health Department, Government of Bihar, Patna. 3. The Director, Deshi Chikitsa, Department of Health, Government of Bihar, Patna. 4. The District Magistrate, Bhagalpur. 5. The Deputy Development Commissioner – cum - Chief Executive Officer, Jila Parishad, Bhagalpur. 6. The Zila Parishad, Bhagalpur through its Chief Executive Officer – cum - Deputy Development Commissioner, Bhagalpur. 7. The Chairman, Jila Parishad, Bhagalpur………………………………………………..……Respondents ----------- For Petitioner: Mr. Shyama Pd. Mukherji, Sr. Advocate with Mr. Shanti Pratap, Advocate For the State: Mr. Sushil Kr. Singh, A.C. to G.P.1 For Respondent: M/s Nikesh Kumar Nos. 5 to 7 & Amit Pandey, Advocates 2 27.07.2011 Heard learned senior counsel for the petitioner as well as learned counsel for the respondents. Learned senior counsel for the petitioner submits that petitioner is working as Incharge Kaviraj (Vaidya) in Sri Baikunth Datavya Ayurvedic Hospital, Khagra, Naugachia, Bhagalpur since 28.02.1997 which is under the control of Bhagalpur Zila Parishad. He submits that 2 petitioner has the eligibility for his regular appointment / promotion on the post. However, the respondents have not considered his case for regular promotion on the post depriving him all the benefits of the post although he is functioning on the post since 1997. The writ application, therefore, has been filed for a direction to the respondents to consider the case of the petitioner for promotion to the post of Kaviraj (Vaidya) on regular basis and grant other consequential benefits. The writ application was filed on 09.07.2008 with service of two copies of the writ application on the learned counsel for the State as well as learned counsel for the Zila Parishad. However, no counter affidavit has been filed in this case so far. Learned counsels do not pray for any adjournment granting time to the respondents to file counter affidavit in this case. In the circumstances, the writ application is disposed of with liberty to the petitioner to file a representation before the Chairman/Competent Authority of 3 the Zila Parishad within four weeks from today. If such a representation is filed, the concerned authority shall consider the same in accordance with law and if he finds that the petitioner is eligible and qualified for promotion to the post, the same shall be considered and appropriate orders shall be issued in accordance with law positively within two months from the date of filing of the representation. BT (J. N. Singh, J.)