IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16520 of 2010 SATISH CHANDRA CHAUDHARY, SON OF LATE KAMAL NARAYAN CHAUDHARY, RESIDENT OF VILLAGE BHAWANIPUR, P.S. SAKARI, DISTRICT MADHUBANI. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE CHAIRMAN, ZILA PARISHAD, MADHUBANI. 3. THE DEPUTY DEVELOPMENT COMMISSION-CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, MADHUBANI. 4. SRI PRADEEP KUMAR GAIT, SON OF NOT KNOWN AT PRESENT WORKING IN THE OFFICE OF ZILA PARISHAD, MADHUBANI. ----------- 04. 11.10.2010 Heard learned counsel for the petitioner, the State and the counsel for the Zila Parishad, Madhubani(hereinafter referred to as the Zila Parishad). 2. Petitioner is aggrieved by the order dated 5.8.2010, Annexure-5, whereunder the Executive Officer of the Zila Parishad has rejected his claim for promotion on the higher post in the cadre of lower division clerk on the ground that petitioner being a typist cannot be considered for promotion on the higher post in the cadre of the lower division clerk. 3. Aforesaid finding of the Executive Officer is being disputed by the counsel for the petitioner on the basis of the instructions of the State Government contained in letter No.2916 dated 24.11.1973 addressed to the Administrator of the different District Boards who submitted that in the light of the staffing pattern fixed for the District Board, the post indicated at the reverse of page-2 appended with the said letter from serial nos.4 to 12 is in the cadre of the lower division clerk and by virtue of such staffing pattern typist is - 2 - also entitled for being considered for promotion on the higher post within the cadre of the lower division clerk. 4. Aforesaid submission of the learned counsel for the petitioner is disputed by the counsel for the Zila Parishad with reference to the subsequent resolution of the State Government bearing Memo No.5987 dated 14.7.1981, Annexure-A to the counter affidavit. It appear while passing the impugned order dated 5.8.2010, Annexure-5, the Executive Officer has considered neither the staffing pattern fixed by the State Government under letter dated 24.11.1973, Annexure-10 nor the subsequent resolution of the State Government dated 14.7.1981, Annexure-A. 5. For the failure of the Executive Officer of the Zila Parishad to consider the relevant circulars of the State Government while passing the order dated 5.8.2010, Annexure-5, the same suffers from the vice of not considering the relevant materials and is, accordingly, quashed and the matter is remitted back to the Executive Officer for fresh consideration in the light of the aforesaid two instructions of the State Government as early as possible, in any case within four months from the date of receipt of this order by the Executive Officer. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)