IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10651 of 2009 Raj Narayan Rai, son of Late Hardeo Rai, resident of Village-Pakri Asli, P.O.-Manain, P.S.-Sahebganj, District-Muzaffarpur. …………….Petitioner. Versus 1.The State Of Bihar. 2.The Commissioner-cum-Secretary, Secondary Education, Bihar, Patna. 3.The Director, Secondary Education, Bihar, Patna. 4. The Regional Deputy Director of Education, Tirhut Division, Muzafarpur. 5. The District-Education Officer, Muzaffarpur. 6. The Sub-Divisional Educatiion Officer(West) Muzaffarpur. ………………….Respondents. ----------- 3 28.09.2010 Petitioner’s sole grievance in this writ application is that his two juniors named in paragraphs 9 and 11 have been promoted from class IV post to Class III post, ignoring his case. It is submitted that for promotion to class III post, gradation list, as contained in Annexure-3, has not been strictly followed by the respondents. Earlier by order dated 8.10.2009, respondents were directed to file counter affidavit. However, till today, no counter affidavit has been filed. Petitioner has also not brought on record the promotion orders of the said two persons, namely, Baleshwar Mandal and Ashok Kumar Nirala from which it could appear as to under what circumstances they were promoted. Therefore, in absence of sufficient 2 materials, no definite direction can be issued to the respondents. However, petitioner is given liberty to file a representation before the District Education Officer, Muzaffarpur requesting for his promotion to Class III post giving specific examples of the persons from below in the gradation list who have been promoted to class-III post. If such a representation is filed by the petitioner within one month from today, the District Education Officer shall consider the same and pass orders within two months thereafter. In case, he does not accept the claim of the petitioner for promotion to class-III post, he shall assign specific reasons for promotion to the persons named in the representation and for denying promotion to the petitioner in the order itself so that, if necessary, petitioner may agitate his claim before any higher authority or a competent court of law. With the aforesaid observations and directions, this writ application is disposed of. Prakash/Pradeep ( J.N.Singh,J)