IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8160 of 2009 Bhola Ram & Ors Versus The State Of Bihar & Ors ---------------------------------- with Civil Writ Jurisdiction Case No.8172 of 2009 Jagannath Ray & Anr Versus The State Of Bihar & Ors ---------------------------------- 6. 18.10.2011 Heard learned Counsel for the petitioners and the State. On 8.8.2011 the petitioners had submitted before the Court that no grievances survive with regard to their ranking in the gradation list of Under Secretary. They now wish to be considered for promotion to the next higher post of Deputy Secretary in accordance with their position in the gradation list. Further allegation was made of hostile discrimination when persons junior to them in the gradation list were stated to have been considered for such promotion ignoring the petitioners. The Court opined that since these facts were brought in by a rejoinder to the counter affidavit the respondents should be given an opportunity to meet the same. On 30.8.2011 the matter was again adjourned at the request of the respondents to answer the aforesaid development. A supplementary counter affidavit has been filed on 28.9.2011 by one Sri Nagendra Prasad Tiwary, Under Secretary in the General Administration Department. The Court has been taken through the same. Suffice it to say that it declines to answer or deal with the only surviving controversy as noticed in the order of the Court dated 8.8.2011. A statement has been made regarding a show cause notice issued for reversion. 2 The Court would have expected the respondents to appreciate the orders of the Court and place proper and full materials before it for adjudication. In the nature of the supplementary counter affidavit filed the matter is referred to the Chief Secretary of the State of Bihar both to examine the casualness with which the supplementary counter affidavit appears to have been filed notwithstanding the specific directions of this Court in context of issues noticed in the order dated 8.8.2011 as also the issue of hostile discrimination alleged by the petitioners. It is expected that the Chief Secretary shall examine the grievances of the petitioners limited to the question of hostile discrimination and if satisfied shall issue appropriate necessary orders for their promotion to the post of Deputy Secretary from the date that their juniors may have been promoted. The Chief Secretary shall necessarily keep in mind that no such denial was put forth by the respondents during the proceedings before this Court. Let such consideration by the Chief Secretary be done and appropriate orders passed preferably within a maximum period of six weeks from the date of receipt and/or presentation of a copy of this order before him. The writ applications stand disposed. Snkumar/- (Navin Sinha,J.)