IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12284 of 2011 1. Dhananjay Kumar Sinha S/O Late Chamari Sinha R/O Mohammadpur, P.S. Asthawan, Distt. (Nalanda). 2. Shailendra Kumar Sharma S/O Late Devendra Rai Sharma R/O Vill. + P.S. Dighra, Distt. Samastipur. ---Petitioners. Versus 1. The Bihar State Electricity Board, Bailey Road, Patna Through Its Chairman. 2. Secretary, Bihar State Electricity Board, Bailey Road, Patna. 3. Chief Engineer, Transmission, Bihar State Electricity Board, Bailey Road, Patna. 4. General Manager-Cum-Chief Engineer, Transmission Zone, Patna. 5. General Manager-Cum-Chief Engineer, Transmission Zone, Muzaffarpur. 6. Joint Secretary, Bihar State Electricity Board, Patna. 7. Mohan Prasad, Controller Retired, Grid Sub-Station, Darbhanga, P.O. + P.S. Bahadurpur, Darbhanga-846001, 8. Birendra Kumar Sinha, Controller. Grid Sub-Station, Boadh Gaya P.O. + P.S. Bodh Gaya, Distt. Gaya 824231. 9. Vijay Kant Jha, Controller, Grid Sub-Station, Darbhanga, P.O. + P.S. Bahadurpur, Darbhanga-846001 10. Krishnanand Choudhary, Controller. Retired Transmission sub division, Fatuah, P.O. + P.S. Fatuah, Patna -803201. 11. Vijay Narayan Sharma, Controller Transmission sub division Khagaul, P.O. Khagaul, P.S. Shahpur, Patna -801105 12. Bal Mukund Sharma, Controller, Transmission sub division, Bihar sharif, Ranabigha, P.S. Deepnagar, Nalanda-803101. 13. Anand Mohan Singh, Controller, Transmission sub division, Bihar sharif, Ranabigha, P.S. Deepnagar, Nalanda-803101 14. Bipin Bihari Srivastava, Controller Grid Sub Station Darbhanga, P.O.+P.S. Bahadurpur, Darbhanga-846001. 15. Nanheshwar Prasad, Controller Transmission sub division, Fatuah, P.O. + P.S. Fatuah, Patna -803201. 16. Umesh Chandra Thakur, Controller Transmission sub division Gopalganj, P.O. +P.S. Gopalganj-841428. 17. Birendra Kumar Sinha, Controller, Grid Sub-Station, Boadh Gaya P.O. + P.S. Bodh Gaya, Distt. Gaya 824231. 18. Umesh Kumar Kaushik, Controller, Transmission sub division, Begusarai, P.O. Pipra Divas, P.S. Barauni, Begusarai-851112 19. Chandradeo Pathak, Controller Transmission sub division Khagaul, P.O. Khagaul, P.S. Shahpur, Distt. Patna -801105 20. Yugeshwar Singh, Controller, Transmission sub division, Begusarai, P.O. Pipra Divas, P.S. Barauni, Begusarai-851112 21. Mithilesh Kumar Pathak, Controller, Transmission sub division, Gopalganj, P.O. + P.S. Gopalganj-841428. 22. Birendra Umar Singh, Controller, Transmission sub division, Begusarai, P.O. Pipra Divas, P.S. Barauni, Begusarai-851112 23. Bindeshwari Prasad, Controller, Grid Sub-Station, Boadh Gaya P.O. + P.S. Bodh Gaya, Distt. Gaya 824231. 2 24. Kashi Nath Singh, Controller, Transmission sub division Khagaul, P.O. Khagaul, P.S. Shahpur, Patna -801105 25. Mohammed Shafique, Assist. Controller, Transmission sub division Shitalpur, P.O.+P.S. Shitalpur, Distt. Saran-841221. 26. Ramesh Kumar Sinha, Asst.Controller, Transmission sub division, Chandauti, P.O.+P.S. Chandauti, Dist. Gaya- 823001 27. Chandra Bhanu Kumar, Asst. Controller, Transmission subdivision, Naugachia, P.O.+ P.S. Naugachia, Distt. Bhagalpur- 853204. 28. Surya Bhan Rao, Asstt. Controller, Transmission Subdivision Gopalganj, P.O.+P.S.+Distt-Gopalganj-841428 29. Surendra Singh, Asstt. Controller, Transmission subdivision Khagaul, P.O. Khagaul, P.S. Shahpur, Dist. Patna- 801105 ----Respondents. ------- 03 26.08.2011 Heard learned counsel for the petitioners and learned counsel for the respondent Bihar State Electricity Board. Both the petitioners are serving the Bihar State Electricity Board ( for short the ‘Board’) as Assistant Controller. They are aggrieved by the notification no. 558 dated 17.06.2011 issued by the Joint Secretary, of the respondent Board as contained in Annexure-`1’ whereby, the private respondents herein were considered and promoted on adhoc /provisional basis as the Controller(s). Learned counsel for the petitioners submits that the petitioners are serving as Assistant Controller for more than 20 years whereas the private respondents were promoted as Assistant Controller subsequent to them, yet they have been considered and promoted as Controller ignoring the case of the petitioners. It is contended that in this regard a representation has already been filed on behalf of the petitioners (Annexure 7 series) before the Secretary of the respondent Board but the same has not been considered and disposed of. It is submitted that this Court may dispose of the application by directing the respondent to dispose of their representation. 3 Mr. Ranjit Sinha, leaned counsel for the respondent Board on the strength of the resolution of the Board contained in memo no. 284 dated 19.04.2010 submits that for grant of promotion to the post of Controller the incumbent is required to possess certain minimum educational qualification, which the petitioners do not possess. However, considering the stand of the petitioners that the matter be disposed of directing the respondent Secretary to consider and dispose of their representation learned counsel submits that the present writ petition may be disposed of in the aforesaid terms. Having heard the parties the present application is disposed of by the following order:- Let the petitioners file a detailed representation annexing copy of the present order before the respondent no.2 (Secretary, Bihar State Electricity Board, Bailey Road, Patna) within a period of 02 weeks from today whereafter the said respondent shall consider and dispose of the said representation in accordance with law within a reasonable period of time. Sym ( Kishore K. Mandal, J.)