IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10249 of 2009 ISHWAR NATH JHA S/O LATE PANDIT SRI RAJENDRA JHA, RESIDENT OF VILLAGE-BANGAON, P.O. BAJPATTI, P.S. BAJPATTI,DISTRICT-SITAMARHI. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRCTOR OF INDUSTRIES, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR, UPENDRA MAHARATHI INSTITUTE OF INDUSTRIAL DESIGN, DEPARTMENT OF INDUSTRIES, PATNA-800013. ... ... RESPONDENTS. ----------- 2. 21.8.2009. Petitioner is holding the post of Laboratory Assistant in Upendra Maharthi Institute of Industrial Design, Patna, which is within the department of Industries, Government of Bihar, Patna. It is submitted on his behalf that Laboratory Assistants are beyond the purview of the Bihar Industrial Service Cadre Rules,1987. It is further submitted that earlier even the Technical Staff of the Handloom Directorate were beyond the purview of the rules, the technical staff of the Directorate of Handloom represented their case before the State Government where after amendment was made in Schedule-IV of the rules so as to include them vide Notification No.2612 dated 1.7.2005 as contained in - 2 - Annexure-9 to this application. For similar relief, petitioner has filed representation dated 16.1.2009 so as to include the post of Laboratory Assistant also within the purview of the rules by including the said post in Schedule-IV of the Rules so that petitioner could also become eligible for promotion to the basic grade of the Bihar Industrial Service Cadre. In this connection, it is further pointed out that present petitioner is also serving as Incharge Section Officer but he is not being confirmed as Section Officer and thereby he is deprived of being considered for promotion in the basis grade of the Bihar Industrial Service Cadre. Let the authorities consider the representation of the petitioner dated 16.1.2009 (Annexure-11) addressed to the Director Industries, Bihar, patna in accordance with law as early as possible in any case within three months from the date of receipt/production of a copy of this order. - 3 - N.H./ This application is, accordingly, disposed of. ( V.N. Sinha,J.)