IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2450 of 2007 1. MADHUSUDAN SINGH, SON OF SRI PREMAN SINGH, R/V GOBARIA, P.S. RAHUI, DISTRICT NALANDA, AT PRESENT POSTED AT DISTRICT INDUSTRY CENTRE, SITAMARHI 2. SHIV SHANKAR PRASAD, SON OF LATE SHIVNANDAN PRASAD MANDAL, R/V GAUHARPUR,P.O. KOTHIA, DISTRICT PATNA AT PRESENT POSTED AT UPENDRA MAHARATHI SILP ANUSANDHAN SANSTHAN, DIGHA, PATNA 3. KRISHNA RAI, SON OF LATE NAVI RAI, R/V ALAMPUR, P.S. BIBHUTIPUR, DISTRICT SAMASTIPUR, AT PRESENT POSTED AT UPENDRA MAHARATHI SILP ANUSANDHAN SANSTHAN, DIGHA, PATNA. 4. UDAYKUMAR, SON OF LATE RAGHUNATH RAM, R/V TARANPUR, P.S. PUNPUN, DISTRICT PATNA, AT PRESENT POSTED AT DISTRICT INJUSTRY CENTRE, BETTIAH, WEST CHAMPARAN 5. LALBODH CHOUDHAY, SON OF LATE DEVE NARAYAN CHOUDHARY, R/V AND P.O. BHARAM, DISTRICT MADHUBANI, AT PRESENT POSTED AT DISTRICT INDUSTRY CENTRE, MADHUBANI 6. NAGESHWAR PRASAD, SON OF LATE DHUPAT MAHTO, R/V GOBARIA, P.S. RAHUI, DISTRICT NALANDA AT PRESENT POSTED AT DISTRICT INDUSTRY CENTRE, MADHEPURA 7. SOHAN RAM, SON OF LATE JAUDU, R/V ARKI, P.S. JEHANABAD, DISTRICT JEHANABAD, AT PRESENT POSTED AT DISTRICT INDUSTRY CENTRE, AURANGABAD 8. KRISHNADEO PRASAD SINGH, SON OF LATE RAM LAKHAN PRASAD, R/V ORIL BIGHA, P.O. AJNAUTA, DISTRICT NALANDA AT PRESENT POSTED AS AADARSH KASTH KARAMSALA, HAJIPUR 9. BUNDI PRASAD, SON OF SRI SAUDAGAR MAHTO, R/V ORIL BIGHA, P.O. AJANAUTA, DISTRICT NALANDA AT PRESENT POSTED AT UPENDRA MAHARATHI SILP ANUSANDHAN SANSTHAN DIGHA, PATNA 10. BABULAL CHOUDHARY, SON OF LATE RAM JATAN CHOUDHARY, R/V BAHARAMPUR, P.S. DHANARUA, DISTRICT PATNA----------PETITIONERS. Versus 1. STATE OF BIHAR 2. MR. ASHOK KUMAR SINHA, COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF INJUSTRY, GOVERNMENT OF BIHAR, PATNA 3. MR. PRAN MOHAN THAKUR, DIRECTOR INDUSTRY, DEPARTMENT OF INJUSTRY, GOVERNEMNT OF BIHAR, PATNA-------------OPPOSITE PARTIES. WITH MJC No.189 of 2008 CHANDRASHEKHAR PRASAD GUPTA, SON OF LATE KEDAR NATH GUPTA, R/V KORIYAWA, P.S. JANIPUR, DISTRICT PATNA------------PETITIONER. Versus 1. THE STATE OF BIHAR 2. SRI LALAN SINGH, THE DIRECTOR INDUSTRY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. JAI BALAK PRASAD, THE ADDITIONAL SECRETARY INDUSTRIAL DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. SRI S. VIJAY RAGHAWAN, THE SECRETARY, INDUSTRY DEPARTMENT , GOVERNMENT OF BIHAR, PATNA 5. HARI BANS NARAIN PANDEY, THE DISTRICT DEVELOPMENT COMMISSIONER, BHOJPUR AT ARRAH 6. GRIPATI SINGH, THE ADMINISTRATOR GENERAL, DISTRICT INDUSTRY CENTRE, BHOJPUR AT ARRAH---------RESPONDENTS----OPPOSITE PARTIES. -------------- 07. 26.03.2009. Heard counsel for the parties. In compliance of the orders of this Court dated 17.10.2005 and 7.3.2007 passed in C.W.J.C. No. 6245 of 2005 and M.J.C. No. 744 of 2006, the Director, Industries has considered the case of the petitioners in the two contempt application for promotion on Class-III 2 post and having considered such claim, order bearing memo No. 389 dated 9.3.2009 has been passed promoting six of the contempt petitioners on Class-III posts. From paragraph 10 of the order, it appears that promotion has been given with effect from the date of the order, which counsel for the petitioners in the two contempt application states is contrary to the directions contained in orders dated 17.10.2005 and 7.3.2007 as the case of the petitioners for such promotion ought to have been considered with effect from the date of vacancy. I see substance in the submission made and permit the contempt petitioners to represent before the Director, Industries to relate back their promotion to the date on which the vacancy against which they have been promoted, arose. Such representation should be considered and disposed of as early as possible in any case within a period of thirty days from the date of receipt/production of a copy of this order. So far the claim of other contempt petitioners, who could not be promoted in the light of the aforesaid two orders is concerned, they are at liberty to either challenge the order dated 9.3.2009 or to represent their case for promotion against the remaining vacancies as and when those vacancies, the authorities think proper to fill up. With the observations and liberty above, the two contempt application are disposed of. Rajesh/ ( V.N.Sinha, J.)