IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6435 of 2003 Narayan Prasad, Son of Late Suresh Bahadue Lal, Resident of Mohalla Maula Bagh, Police Station Ara Nawadah, District Bhojpur at Ara. -------- Petitioner Versus 1. The State of Bihar through Law Secretary, Govt. of Bihar, Old Secretariat, Patna. 2. The High Court of Judicature at Patna through Registrar General, Patna High Court, Patna. 3. The Registrar (Establishment), Patna High Court, Patna. 4. The District & Sessions Judge, Bhojpur Civil Court, Ara. 5. The Registrar, Civil Court, Bhojpur at Ara. 6. Munideo Singh, father’s name not known, Presently posted as Sirestedar, Civil Court, Ara. 7. Diwakar Pandey, father’s name not known, Presently posted as Sirestedar, Civil Court, Ara. 8. Ravindra Nath Verma, father’s name not known, Presently posted as Sirestedar, Civil Court, Ara. -------- Respondents ----------- 4 29.10.2009 Heard Mr. Bakshi S.R.P. Sinha, learned counsel for the petitioner and counsel for Patna High Court as also counsel for the State. The prayer in this writ application of the petitioner reads as follows:- “1(i) That the petitioner be granted promotion in Senior Selection Grade of clerk cadre of Civil Court, Ara with retrospective effect i.e. at least from the date on which his Juniors were promoted. (ii) The petitioner as per his seniority be placed at the appropriate place in gradation list of the clerk cadre of Civil Court, Ara. (iii) The petitioner after being granted the senior selection grade be also 2 placed at appropriate place in the seniority list as per his seniority in the Junior Selection Grade.” Mr. Sinha with reference to the aforementioned prayer would submit that it is a completely mistaken notion on the part of the District Judge, Ara that the petitioner had become member of the cadre of Stenographer and in fact to that extent, he has gone to assert that initially the petitioner having been appointed as a clerk had continued to hold his post and infact had never opted to surrender his lien of the post of clerk. He further submits that the petitioner had also not drawn the higher pay-scale of Stenographer and in fact, had never taken any advantage of the post of Stenographer on which he was virtually compelled primarily due to paucity of the hands of Stenographer in the Judgeship of Bhojpur at Ara. Counsel for the respondents, Patna High Court however, have pointed out to the order of the District Judge dated 20th June, 2000 wherein it has been recorded as a matter of fact that the name of the petitioner was shown in the list of Stenographer cadre of the year 3 1987-98. He has also relied on an office order of the District Judge dated 25.4.1995 (Annexure-4) which would go to show that the petitioner on his volition had not only opted to work on the post of Stenographer with higher pay and emoluments but eventually he had only subsequently had shown his inability to work as Stenographer on the ground of his ill health and only thereafter the office was directed to stop taking work from the petitioner of the post of Stenographer by also payment of salary of the post of Stenographer with effect from 21.4.1995. In the counter affidavit filed by the High Court, it has been also stated that when a representation (Annexure-9) of the petitioner was received, comments were called for from the District Judge and the matter has been placed before this court on the administrative side for taking a final decision. In the opinion of this Court it does not augur well for any administration to keep the matter pending. If the view taken by the District Judge, Bhojpur regarding the 4 petitioner being a member of cadre of Stenographer is correct, the petitioner can not claim promotion on the post of Clerk or its Junior Selection Grade or Senior Selection Grade. On the other hand, if the assertion of the petitioner regarding his initial appointment and continuance on the post of clerk is correct and if it is found that he had never opted for joining the post of Stenographer on his volition or had never availed the benefit of higher salary or emoluments of the post of Stenographer, his appointment initially being made on the post of clerk and his lien also not terminated his cadre cannot be changed without his consent or approval as per the scheme under Rule 68 to 70 of Bihar Service Code. Considering all these aspects of the matter and particularly that a final decision with regard to grievance of the petitioner is yet to be taken, this Court would direct the respondents nos. 2 to 5 to take a final decision as with regard to the claim of the petitioner as staked in the aforementioned prayer in this writ application. 5 It is, however, made clear that such exercise must be completed within a period of six months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions this application is disposed of. Rsh (Mihir Kumar Jha, J.)