IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2198 of 2005 HARI NARAYAN BAITHA, son of late Jagmu Baitha, resident of village – Baikunthwa, Post – Khadda (Kunglahi), Police Station and Block – Nautan, District – East Champaran at Bettiah, at present working on the post of Incharge Deputy State Organiser Village Volunteer Force (Headquarter) Directorate of Panchayati Raj, Government of Bihar, Patna. Versus 1. THE STATE OF BIHAR. 2. The Secretary cum Commissioner, Department of Rural Development (Panchayati Raj), Government of Bihar, Patna. 3. The Director, Directorate of Panchayati Raj, Govt. of Bihar, Patna. ----------- 04. 7.9.2010 It has taken the State more than five years to file an affidavit in the case which also does not answer all the questions, which have been raised by the petitioner in the writ application. It cannot be a better case of indecision and non-performance on behalf of the respondents because the petitioner has been made to work on the post as a Deputy State Organizer Incharge on the basis of a notification issued by the respondent way back on 31.1.1994. His claim for substantive promotion on the post has not yet been decided because the State is yet to get a clearance from the Finance Department in light of provision contained in para 12 of Circular No. 660 (F) 2 dated 8.2.1999. The stand taken by the State in the counter affidavit is an open ended statement. The litigation has dragged from last century to this century and probably if it is left to the State they will not hesitate to take it to the next millennium. The writ application is disposed of with a direction upon the Principle Secretary cum Commissioner, Department of Rural Development, Panchayati Raj, Government of Bihar that if they do not 2 take a decision in this case within four months from the date of communication of this order, they may have to treat the petitioner to be substantively promoted on the post and allow him the benefit thereof. The ball now lies in the court of the Principal Secretary. rkp ( Ajay Kumar Tripathi, J.)