IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14642 of 2005 AMERIKA THAKUR, son of Late Petamber Thakur, Resident of Village- Khajpura, P.S.-Gardanibagh, District-Patna. Versus 1. THE STATE OF BIHAR through the Secretary, Home Police Department, Government of Bihar, Old Secretariat, Patna. 2. The Director General of Police cum Inspector General of Police, Main Secretariat, Patna. 3. The Additional Director General of Police, Armed Force, Bihar, Main Secretariat, Patna. 4. The Deputy Inspector General of Police, Central Zone, Bihar, Patna. 5. The Commandant, B.M.P. 9, Jamalpur. 6. The Commandant, B.M.P. 6, Muzaffarpur. with CWJC No.4597 of 2005 1. KAMTA PRASAD SINGH, Son of Late Kuldip Narayan Singh, resident of Village- Kodanda, P.S.- Sahkund, District- Bhagalpur. 2. Kapileshwar Singh, Son of Late Bhagwant Singh, resident of Village- Ram-mal Kouri, P.S.-Jandaha, District- Vaishali. 3. Uma Shanker Singh, Son of Late Kameshwar Prasad Singh, resident of Village- Rampur-Bakhara, P.S.- Bhagwanpur, District-Vaishali. 4. Ram Sahay Singh, son of late Ram Parikshan Singh, resident of Village- Daulatpur-Gandhi Tola, P.S.- Gourichak, District- Patna. 5. Mulak Raj Singh, son of late Ramadhar Singh, resident of village-Rampur, P.S. Arrah Mufassil, District- Bhojpur. 6. Murli Pandey, son of late Bishwanath Pandey, resident of village-Siliri, P.S.-Bhabua, District- Kaimur- Bhabhua. 7. Naresh Prasad Singh, son of Late Balmiki Prasad Singh, resident of village- Pakaria, P.S.- Shambhuganj, District-Banka. 8. Ram Bachan Tiwary son late Juthan Tiwary, resident of Village- Birbhan Pur, P.S.-Sare, District-Bhabua Versus 1. THE STATE OF BIHAR, through the Secretary, Home Police Department, Government of Bihar, Old Secretariat, Patna. 2. The Director General of Police-cum-Inspector General of Police, Main Secretariat, Patna. 3. The Additional Director General of Police, Armed Forces, Bihar, Main Secretariat, Patna. 2 4. The Deputy Inspector General of Police, Central Zone, Bihar, Patna. ----------- 4. 28.09.2010 Both the writ applications were filed by the respective petitioners seeking parity in the matter of pushing back the date of promotion from the dates their juniors were promoted by several orders passed by the respondents. Learned counsel for the petitioner submits that there has been occasion for other similarly situated persons to come to this Court and this Court in their respective orders have held in favour of pushing the date back of promotion of those petitioners to the date their juniors were granted such promotion. Some orders are on record and yet another order dated 17.11.2006 passed in C.W.J.C. No. 8859 of 2002 has also been brought to my notice. Despite the Court showing indulgence to the State to come out with their stand in the two matters, they are not willing and inclined to defend the case as no counter affidavit has been filed despite orders in this regard and inspite of the writ applications having been filed in the year 2005. Since the State has failed to defend the matter and make any distinction with regard to some of the 3 earlier orders passed in similar circumstances, the writ application is allowed and the respondents are hereby directed to push the date of promotion of the petitioners to the date juniors to the petitioners were granted such benefits. Petitioners would be entitled to payment of cost of Rs. 5,000/- in both the writ applications. The cost has been awarded in the background that the litigation has remained pending for five years because of non co-operation of the State in getting the matter adjudicated. The Director General of Police, Government of Bihar has freedom to fix the responsibility in this regard and may recover the amount from the concerned person. Anand Kr. ( Ajay Kumar Tripathi, J.)