IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18652 of 2009 1. MANO RANJAN PRASAD S/O LATE CHANDRA SHEKHAR NARAIN SINHA R/O MOH NEW YARPUR, JANTA ROAD , P.S.GARDANIBAGH, TOWN &DISTT-PATNA 2. SHANKAR MALAKAR S/O LATE LAKHO MALAKAR R/O VILL BARAUNI,P.S.TEGHRA, DISTT-BEGUSARAI 3. BISHUNDEO SHARMA S/O SRI RAM SHARMA R/O VILL CHUPRON(ANDHERI), P.S.SIMRI BAKHTIYARPUR, DISTT-SAHARSA 4. SHIV SHANKAR THAKUR S/O LATE RAM CHARITRA THAKUR R/O VILL TISWARA, P.S.HARI LOCHANPUR, TOWN & DISTT- SAMASTIPUR Versus 1. THE STATE OF BIHAR , THROUGH THE SECRETARY ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIAT, VIKAS BHAWAN, PATNA 2. DIRECTOR, ANIMAL HUSBANDRY GOVERNMENT OF BIHAR, NEW SECRETARIAT , VIKAS BHAWAN, PATNA ----------- 2. 9.4.2010 Heard learned counsel for the petitioners and the State. The petitioners are aggrieved by the order dated 1.12.2009 passed by the Director, Animal Husbandry rejecting their claim to count their services rendered in the erstwhile Bihar State Dairy Development Corporation for pensionary benefits. The petitioners were appointed in the erstwhile Bihar State Dairy Development Corporation in 1973 and came to be regularized in the Corporation on 1974. In view of the poor financial condition of the Corporation, a policy decision was taken by the State Government to absorb the employees of the Corporation in the State Government. The petitioners came to be absorbed in the services of the State Government on 7.3.1986. The State 2 Government also took a conscious policy decision to grant pay protection by order dated 15.6.1987. It took a further conscious policy decision on 15.2.1988 and 6.10.1988 to grant time bound promotion also provided that such persons had completed ten years of service in the erstwhile Corporation before absorption. Denial of such benefits to certain persons so absorbed led to the order of this Court in C.W.J.C. No. 4616 of 1995 dated 19.10.1995, directing grant of second time bound promotion. It is therefore apparent that this scheme of absorption was based on a continuity of service reckoning the period spent in the Corporation. They were absorbed and not appointed after severance of master-servant relation with the Corporation. All these aspects and orders, unfortunately do not find any reflection in the impugned order dated 1.12.2009. It deals with an issue as important as the claim of a citizen/government employee to pension. It has been disposed by non-speaking order, declining to take into consideration relevant materials, rendering the order arbitrary. A prayer has been made to adjourn the matter for filing a counter affidavit, to explain the order. Time and again it has been emphasized that reasons are the heart and soul of an order. 3 The National Mission for Delivery of Justice and Legal reform with the aim for timely delivery of Justice to all in its Blue print for Judicial reforms in its report of strategic initiatives, 2009-12, for reducing pendency of arrears has inter alia noticed that government needs to be transformed from a compulsive litigant into a cautious and responsible litigant. The present system of “let the Courts decide every case” had to be done away with. This matter is therefore referred to the Secretary, Animal Husbandry, Government of Bihar, to pass a reasoned and speaking order after consideration of the materials noticed in this discussion so that judicial review of the order may be facilitated Let such consideration be done and final orders passed within a maximum period of three months from the date of receipt/production of a copy of this order. Since the impugned order is non-speaking and does not consider necessary materials, any fresh order of the Secretary shall naturally supersede it. The application stands disposed. P. Kumar (Navin Sinha, J.)