IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18297 of 2009 1. KAILASH PRASAD MANDAL S/O SRI DASRATH MANDAL R/O VILL- PEPRAHI, P.S-RAGHOPUR, DISTT- SUPAUL Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DIRECTOR-IN-CHIEF HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, SAHARSA 5. THE INCHARGE MEDICAL OFFICER, PRIMARY HELATH CENTER, MANAGER, DISTT- SAHARSA ----------- 2. 18.3.2010 Heard learned counsel for the petitioner and the State. Though two copies of the writ petition were served on the office of the Advocate General on 17.11.2009, the second copy being for the benefit of the respondents. They however appear oblivious of their responsibility to assist this Court in the timely dispensation of justice by filing counter affidavit where prima facie trivial administrative issues appear to be involved based on government documents. On record is an order dated 30.9.2008, Paragraph-2 of which expressly acknowledges that persons juniors to the petitioner have been promoted. Respondent no. 2, is therefore directed to examine the administrative aspect of the matter and pass an appropriate reasoned and speaking order 2 within a maximum period of four weeks from the date of receipt/production of a copy of this order. It is expected that if he finds justification in the claim of the petitioner, necessary consequential orders granting him promotion from the date that his juniors have been granted, with consequential benefits shall be passed. If the respondents proposes to distinguish the case of the petitioner and differ from the communication dated 30.9.2008, he is obliged to give a show cause to the petitioner with full details of the grounds on which he proposes to differ distinguishing the case of those stated to be junior to him but granted promotion and then after granting him an opportunity to reply to the same, pass a reasoned and speaking order within the same period. The writ application stands disposed. P. Kumar (Navin Sinha, J.)