IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12580 of 2010 ====================================================== 1. Sanjay Kumar S/O Sri Ram Chandra Singh R/O Vill.- Bach, P.O.- Sarsauna, P.S. Tajpur, Distt.- Samastipur, Presently Posted As Block Co- Operative Extension Officer, Hayaghat, Distt.- Darbhanga .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Rural Development Department, Govt. Of Bihar, Patna 3. The Deputy Secretary, Rural Development Department, Govt. Of Bihar, Patna 4. The Principal Secretary, Co-Operative Department, Govt. Of Bihar, Patna 5. The Deputy Secretary, Co-Operative Department, Govt. Of Bihar, Patna 6. The Principal Secretary, Revenue Department, Govt. Of Bihar, Patna 7. The Deputy Secretary, Revenue Department, Govt. Of Bihar, Patna 8. The Registrar, Co-Operative Department, Govt. Of Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. V.K.Singh For the Respondent/s : Mr. (Gp9) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 02-12-2011 Heard learned counsel for the petitioner and the State. The relief sought by the petitioner who holds the post of Cooperative Extension Officer is to be considered for deputation on the post of Block Development Officer/Circle Officer. The Bihar Rural Development Service Cadre Rules, 2010 provide for the latter posts. Pending regular appointments the government issued an in-house advertisement inviting applications from the eligible in the Patna High Court CWJC No.12580 of 2010 (2) dt.02-12-2011 2 notified departments for such appointment on deputation for a specified period. It is submitted that the petitioner fulfils the conditions of eligibility to be considered for deputation. The counter affidavit acknowledges that he has applied. His juniors have been considered. He has wrongly been denied appointment only on the ground that the seniority list submitted by the Cooperative Department did not bear his name. The counter affidavit restricts itself to this solitary ground alone and no other ineligibility. The petitioner is stated to have submitted a detailed representation on 20.5.2010 disclosing his status as a Cooperative Extension Officer, his tenure of service etc. The submission is that if there be any error in the seniority list it does not wipe out his status as a government servant, date of entry into service and seniority etc. which can all in any event be verified from government records. The writ application is disposed with directions to the Secretary, Department of Rural Department to consider the candidature of the petitioner in light of his representation as above and any other clarification desired in that context subject to fulfillment of other conditions of the advertisement for such appointment on deputation. Let such consideration be done and final appropriate orders passed within a maximum period of 12 Patna High Court CWJC No.12580 of 2010 (2) dt.02-12-2011 3 weeks from the date of receipt/production of a copy of this order. It may only be clarified that the present order does not interfere with the discretion and administrative decision of the respondents whether they need to make such further appointments on deputation or not, and which aspect remains within their administrative domain. The writ application stands disposed. Krishna Chandra Jha/- (Navin Sinha, J)