IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2838 of 2002 RATENDRA KUMAR SINGH Versus BIHAR STATE CO-OPERTIVE MILK PRODUCERS FEDERATION LTD. & ORS ----------- 5 10.09.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an employee working under the respondents Milk Federation, on the post of procurement and animal husbandry Assistant. He has been litigating with the respondents on various issues including the issue of grant of promotion to him to the next higher post, which has not been granted to him for years together. Based on an order dated 27.01.2000 passed in C.W.J.C. No. 11463 of 1998, the order dated 19.06.2000 contained in Annexure – 7 came to be passed. But that was the position as it stood then. Petitioner is aggrieved because for more than a decade no decision has been taken with regard to his case for consideration of promotion so the present writ application. In the counter affidavit, the background to the dispute has been stated and also the circumstance under which Annexure – 7 came to be passed, but the Court is not interested in the history of the litigation. The issue in the present writ application is whether the petitioner is entitled to be considered for promotion or not? Admitted position is that the respondents have not held a meeting - 2 - in this regard for many a years and that is the primary reason why a final decision in this regard has not been taken. The Court is of the opinion that if there are avenues of promotion available to the employee then the respondents ought to hold a regular meeting in this regard and take a decision one way or the other depending on the eligibility of all those persons who are under the zone of consideration. They cannot urge before the Court that since no decision has been taken, therefore petitioner has not been discriminated. Inaction is no answer for lack of decision. The writ application stands disposed of with a direction that the respondents shall hold a meeting within the next six months and consider the case of promotion of all such employees who are otherwise eligible and are entitled to the next higher post along with the case of the petitioner. The writ application is disposed of with the above direction. Rajeev/ (Ajay Kumar Tripathi, J.)