IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5136 OF 2008 PARSHURAM DUBEY, SON OF LATE PASRICHAN DUBEY, RESIDENT OF VILLAGE ANDER (GHERAI), POLICE STATION ANDER, DISTRICT SIWAN VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, NEW SECRETARIATE, PATNA 2. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, BAILEY ROAD, PATNA 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR (ADMINISTRATION) –CUM- JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA WITH CWJC NO.5452 OF 2008 KAPILDEO PRASAD SINGH, SON OF LATE MANGAR PRASAD SINGH, RESIDENT OF VILLAGE SHIV NAGAR, POLICE STATION EKANGERSARAI, DISTRICT NALANDA VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, NEW SECRETARIATE, PATNA 2. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, BAILEY ROAD, PATNA 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR (ADMINISTRATION) –CUM- JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA WITH CWJC NO.6269 OF 2008 RAMASHISH MAHTO, SON OF LATE PUNIT LAL MAHTO, RESIDENT OF VILLAGE MOHANPUR, POLICE STATION BIBHUTIPUR, DISTRICT SAMASTIPUR VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, NEW SECRETARIATE, PATNA 2. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, BAILEY ROAD, PATNA 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR (ADMINISTRATION) –CUM- JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA WITH CWJC NO.6338 OF 2008 2 KAMESHWAR CHAUDHARY, SON OF LATE PRABHU CHAUDHARY, RESIDENT OF VILLAGE RASHIDPUR, POLICE STATION BACHHWARA, DISTRICT BEGUSARAI VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, NEW SECRETARIATE, PATNA 2. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, BAILEY ROAD, PATNA 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR (ADMINISTRATION) –CUM- JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA ********* FOR THE PETITIONERS :- MR. GAJENDRA KUMAR JHA, ADVOCATE MR. BAM BAHADUR JHA, ADVOCATE FOR THE BPSC :- MR. SANJAY PANDEY, ADVOCATE FOR T5HE S T A T E :- MR. AC TO AAG 9 ************ 2 02/05/2011 Several persons have come to this Court with grievance regarding the shifting of the date of promotion. Apparently, it has been done because of the creation of the additional posts and dividing them between two cadres i.e. Bihar Subordinate Education Service and Bihar Education Service Grade II. The Secretary of the Department has thereafter, without taking the approval of the Cabinet, distributed the posts between the Bihar Subordinate Education Service and Bihar Education Service Grade II, as a result of which the petitioners’ date of promotion has been pushed back. The question that has to be decided is whether the Principal Secretary of the Human Resources 3 Development Department can have passed the order dividing the posts between the Bihar Subordinate Education Service and Bihar Education Service Grade II without the approval of the Cabinet. Let the petitioners file representations raising all his grievances including the grievance with respect to the monetary benefit before the Principal Secretary, Human Resources Development Department along with a copy of this order within a period of four weeks from today and the Principal Secretary, Human Resources Development Department will pass a reasoned order within a period of three months from the date of filing of the representations. These four writ applications are disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )