IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3577 of 2007 1. SATYA NARAYAN RAI, SON OF SRI RAM BAHADUR RAI, RESIDENT OF VILLAGE SHAMHO, P.O. & P.S. SHAMHO, DISTRICT BEGUSARAI 2. RAM LADDU SINGH @ RAM LAKHAN SINGH, SON OF BISHO SINGH, RESIDENT OF VILLAGE & P.O. AKBARPUR, P.S. MATIHANI, DISTRICT BEGUSARAI 3. RAM BILASH RAI, SON OF SRI BASHO RAI, RESIDENT OF VILLAGE & P.O. AKBARPUR, P.S. MATIHANI, DISTRICT BEGUSARAI 4. RAM SAKAL SHRMA, SON OF SRI KARI SINGH, RESIDENT OF VILLAGE SONBARSHA SAMHO, P.O. SAMHO, P.S. MATIHANI, DISTRICT BEGUSARAI…………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, BEGUSARAI THROUGH ITS CHAIRMAN, THE DISTRICT MAGISTRATE, BEGUSARAI, P.S. & DISTRICT BEGUSARAI 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI, P.S. & DISTRICT BEGUSARAI……………………………………………………RESPONDENTS ----------- 3. 15.09.2009 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have filed this writ application for a direction to the respondents to grant them first time bound promotion as well as second time bound promotion. Learned counsel for the petitioners submits that in similar case time bound promotion has been granted to other incumbents. However, he submits that petitioners will file a representation before respondent no.3, District Superintendent of Education, Begusarai, who may be directed to consider and dispose of the same on its own merit - 2 - and pass appropriate orders in accordance with law. This writ application was filed on 20.03.2007. However, no counter affidavit has been filed on behalf of the respondents, in spite of passage of two and half years, to show that the claim of the petitioner has been considered and/or denied by the competent authority or has even been considered. In the circumstances, in view of delay caused in the case, this Court has no option but to dispose of this writ application with the following directions:- 1. Petitioners must file a representation before the respondent no.3, District Superintendent of Education, Begusarai within one month from today along with a copy of this order. The representation must contain all the claims of the petitioners distinctly and in separate paragraphs and must accompany documents connected with their service history and other documents/circulars/orders etc. on the basis of which petitioners assert their right to get the claims. 2. The concerned respondent, upon receipt of the representation, with a copy of this order, shall immediately take it into consideration, and, if necessary, after hearing the petitioners in - 3 - person or through representative, as he may feel proper, shall pass final orders within three months of the receipt of the same. In case the concerned respondent is not the competent authority to pass final orders in the matter, he shall refer the matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority for passing final orders in the matter, who, after hearing anyone and after examining any records as he may deem necessary, shall pass final orders in the matter within one month from the date of receipt of reference from the concerned respondent. 3. The final order of the concerned respondent or of competent authority or the reference order of the concerned respondent sent to the competent authority must show that (i) each and every claim of the petitioners has been noticed; (ii) each and every claim has been separately considered and a definite finding/opinion has been arrived at in respect of each and every claim with regard to its admissibility or inadmissibility and (iii) all the relevant laws/circulars/orders etc. in respect of each and every claim have been taken into consideration for its acceptance or rejection by the said final order. - 4 - 4. All consequential orders, in respect of the admitted claims, must also be issued along with the passing of the final order, and payments of any consequential monetary benefits must be ensured within one month of the passing of the said final order and issue of the said consequential orders. 5. The said final order must be served upon/communicated to the petitioners within the said three months and it must clearly mention the grounds and findings for rejecting any claim with reference to specific law/circular/order for coming to that finding. It goes without saying that this Court has not gone into the claims of the petitioners on merits which shall be considered and decided by the respondents within the time fixed as above and strictly in accordance with law. B.T (J.N. Singh, J.)