IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1100 of 2008 with CWJC No.12953 of 2008 with CWJC No.1538 of 2008 with CWJC No.2462 of 2008 CWJC No. 1100/2008: Vijay Kumar Jha, son of Late Ram Rajee Jha, village Pouram, PS Hayaghat, District Darbhanga – Petitioner. Vs. 1) The State of Bihar through the Principal Secretary, Human Resources Dev. Department, Patna. 2) Bihar Public Service Commission through its Secretary, Bailey Road, Patna. 3) The Principal Secretary, Human Resource Dev. Department, Bihar, Patna. 4) The Director (Administration) cum Joint Secretary, Human Resources Dev. Department, Bihar, Patna – Respondents. CWJC No. 12953/2008: Binay Kumar Singh, son of Late Kailash Pd. Singh, village Gulani Kushaha, PS Shambhuganj, District Banka – Petitioner. Vs. 1) The State of Bihar through the Principal Secretary, Human Resources Dev. Department, Patna. 2) Bihar Public Service Commission through its Secretary, Bailey Road, Patna. 3) The Principal Secretary, Human Resource Dev. Department, Bihar, Patna. 4) The Director (Administration) cum Joint Secretary, Human Resources Dev. Department, Bihar, Patna – Respondents. CWJC No. 1538/2008: 1) Jitendra Mohan Thakur, son of Late Gokul Pd. Thakur, village Danre, PS Poriyahat, Dist. Godda. 2) Shree Lal Sah, son of Sri Madan Lal Sah, village Abjugang, PS Sultanganj, district Bhagalpur. 3) Dinesh Prasad Singh, son of Late Ram Surat Pd. Singh, village Laxmipur Babhania, PS Kahalgaon, district Bhagalpur – Petitioners. Vs 1) The State of Bihar through the Principal Secretary, Human Resources Dev. Department, Bihar, Patna. 2) Bihar Public Service Commission through its Secretary, Bailey Road, Patna. 3) The Principal Secretary, Human Resource Dev. Department, Bihar, Patna. 4) The Director (Administration) cum Joint Secretary, Human Resources Dev. Department, Bihar, Patna – Respondents. CWJC No. 2462/2008: 1) Isra Nand Singh, son of Late Bishun Singh, village Bhithia, PS and district Jehanabad. 2) Atrimuni Sharma, son of Late Ram Pravesh Sharma, village Dhanchhuhan, PS Chauri, district Bhojpur – Petitioners. Vs. 2 1) The State of Bihar through the Principal Secretary, Human Resources Dev. Department, Bihar, Patna. 2) Bihar Public Service Commission through its Secretary, Bailey Road, Patna. 3) The Principal Secretary, Human Resource Dev. Department, Bihar, Patna. 4) The Director (Administration) cum Joint Secretary, Human Resources Dev. Department, Bihar, Patna – Respondents. 7 31.3.2011 Heard learned counsel for the petitioners, the State and the Bihar State Public Service Commission. The petitioners are aggrieved by the fact that the date of their promotion from the Bihar Subordinate Education Service to Bihar Education Bihar Grade II has been modified and shifted to 1.1.1997 from the original date of promotion which was 1.4.1988. The main contention on behalf of the petitioners is that without hearing them an ex parte order has been passed by the authorities concerned. A counter affidavit has been filed on behalf of the State in which it is stated that they have reconsidered the promotion granted in compliance of the orders of this court in a writ petition filed by certain other persons. Admittedly the petitioners were not parties in those cases. Considering all the facts and the order, dated 22.12.2009 passed in CWJC No. 1206/2008, this court quashes the impugned order, dated 3.10.2007 on the ground of it being in violation of principles of natural justice. The respondents shall proceed afresh in accordance with law after issuing notice to such persons who would be 3 affected by shifting of date of promotion so that they can file their objection which necessarily would have to be considered before the date of promotion is shifted. The petitioners have certain other grievances with respect to payment of salary etc. This aspect of the matter may also be brought to the notice of respondent no.3, the Principal Secretary, Human Resources Development Department, Bihar. These writ petitions are allowed with the aforesaid observations. haque ( Sheema Ali Khan, J.)