IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1639 of 2007 Tripurari Prasad Singh son of late Nanhka Prasad Singh, resident of Mohalla Mirchai Bari, P.S. Sahayak District Katihar ….. …. …. Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Katihar 3. The District Establishment Officer, Katihar ..Respondents ---------------------------------- For the Petitioner :Mr. Vinay Ranjan, Advocate For the State :M/s Tej Bahadur Singh, Sr. Advocate,AAG-7 & Ssyed Hussain Majeed, A.C. to AAG-7 02/ 02.08.2011 Heard learned counsel for the petitioner and the State. 2. This writ petition has been filed against the order bearing Memo No. 143/E dated 7.2.2004 passed by the Additional Collector, Katihar, Annexure-3 whereunder promotion granted to the petitioner and others on the need based post of Head Clerk in the scale of Rs. 5000- 8000/- under order bearing Memo No. 98/E dated 28.1.2004, Annexure- 2 has been cancelled with immediate effect even without hearing the petitioner. 3. It is submitted on behalf of the petitioner that the aforesaid order dated 28.1.2004, Annexure-2 was passed after the approval of the Establishment 2 Committee, but without making any reference to the Establishment Committee the impugned order dated 7.2.2004, Annexure-3 has been issued by the Additional Collector, Katihar only on the instruction of the Collector, Katihar, perhaps for the reason that one of the promotees under order dated 28.1.2004, Annexure-2, Sri Janki Nandan Lal did not possess the qualification for such promotion. 4. Highlighting the aforesaid aspect of the matter, petitioner has represented before the District Magistrate, Katihar under representation dated 4.8.2004, Annexure-4 series. Till date such representation has not been disposed of as from the counter affidavit filed on behalf of Respondent nos. 2 and 3 duly affirmed by the Executive Magistrate, Katihar, it does not appear that the aforesaid representation of the petitioner dated 4.8.2004, Annexure-4 series has yet been disposed of. 5. In the circumstances, the writ petition is disposed of directing the District Magistrate, Katihar to consider and dispose of the representation of the petitioner dated 4.8.2004, Annexure-4 series as early 3 as possible, in any case within two months from the date of receipt/ production of a copy of this order before the District Magistrate, Katihar. In the event it is found by the District Magistrate, Katihar that the need based posts in the scale of Rs. 5000- 8000/- is available in the district of Katihar and petitioner is eligible for such promotion, his case be considered for such promotion within the aforesaid time. Arjun/ ( V. N. Sinha, J.)