IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11879 of 2006 Bal Krishna Das, son of Late Rajballabh Das, R/o-At and P.O. Pokharbhinda, P.S. Saketrajpur, district-Darbhanga, at present posted as Area Education Officer, Udakishunganj, Madhepura …Petitioner Versus 1. The State Of Bihar 2. Commissioner-cum-Secretary, Secondary Primary and Adult Education, Bihar Patna 3. Director(Administration) cum-Joint Secretary, Secondary primary and Adult Education, Bihar, Patna 4. Director Primary Education, Bihar, Patna …Respondents For the Petitioner :M/s.Sharda Nand Mishra Dhananjay Kr. Gupta ----------- 04. 08.07.2011 Petitioner has already superannuated from service as Area Education Officer in Bihar Education Service Class-II. He prays for a direction upon the respondents to consider his case for grant of promotion in Bihar Education Service Class-II with effect from 01.12.1995. According to him, juniors to him have been granted promotion with effect from the said date. During the pendency of this application, the case of the petitioner was considered and by a notification no. 1477 dated 03.10.2007 he has been promoted with effect from 01.01.2001. Petitioner claims promotion with effect from 01.12.1995. It is contended that seniority list was prepared and circulated by the respondents by letter dated 30th March, 1995 (Annexure-1). Relying on the said gradation/seniority list, it is contended that petitioner was placed at sl.no.1393, whereas one Ripunjay Dwivedi was placed at sl. no.1394. Similarly, one Surajbash Singh was placed at sl. no.1404. It is contended that aforesaid Ripunjay Dwivedi and Surajbash Singh were considered and granted promotion to the said 2 grade/class with effect from 01.12.1995. Reliance in this regard has been placed on a notification bearing no.59 dated 01.03.2001 (Annexure-4). It appears that petitioner had earlier moved this Court seeking a direction upon the respondents to consider his case for grant of promotion in Bihar Education Service Class-II. Said writ petition being CWJC No. 873 of 2004 was considered and disposed of by order dated 03.11.2004 (Annexure-7), whereby the respondent-authority was directed to consider and dispose of his representation. The respondent(s) considered his representation and by order contained in memo no.1262 dated 05.09.2005 (Annexure- 9), disposed of the representation observing therein that the case of the petitioner would be considered in the next meeting of the departmental promotion committee. It is the case of the petitioner that, in all fairness, he ought to have been granted promotion at least with effect from 01.12.1995 when persons junior to him were granted promotion to the said cadre/post. By order dated 15.05.2011, the respondents were directed to file supplementary counter affidavit on the said issue. Again by order dated 21.06.2011, the State-respondents were directed to file counter affidavit on the said grievance of the petitioner. Neither the counsel for the respondents has appeared nor counter affidavit/supplementary counter affidavit has been filed. From bare perusal of the order granting promotion to persons said to be junior to the petitioner (Annexure-4), it appears 3 that the said order was passed in the light of direction issued by this court in CWJC No. 2223/98 followed by yet another order passed in MJC No. 2092/99. Those orders are not on record. The proceeding of the DPC has also not been placed on record by the petitioner. This Court is, thus, hamstrung in issuing any positive direction on the writ petition preferred by the petitioner. Learned counsel for the petitioner submits that petitioner would file a detailed representation ventilating the said grievance and this Court may direct the respondents to consider and dispose of the said representation by a speaking order within a particular time-frame. In the light of the aforesaid submissions and in view of my discussions made above, this writ petition is disposed of by the following order: Let the petitioner file a detailed representation supported by all relevant documents annexing therewith a copy of the present order before respondent-Director(Administration) cum- Joint Secretary, Secondary Primary and Adult Education, Bihar, Patna(respondent no.3) within four (04) weeks whereafter the said respondent shall consider and dispose of the said representation in accordance with law by a speaking order within two months of its filing. hr ( Kishore K. Mandal )