IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12401 of 2009 ASHOK KUMAR VIDYARTHI, SON OF SRI SHYAM BIHARI SHARMA, RESIDENT OF VILLAGE KHALKO CHAK, P.S. MAKHDUMPUR IN THE DISTRICT OF JEHANABAD, AT PRESENT POSTED AS VILLAGE LEVEL WORKER-CUM-BLOCK AGRICULTURE OFFICER, BANKE BAZAR BLOCK IN THE DISTRICT OF GAYA----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR, AGRICULTURE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE DISTRICT MAGISTRATE, GAYA. 6. THE BLOCK DEVELOPMENT OFFICER, BANKE BAZAR BLOCK, DISTRICT GAYA----RESPONDENTS. For the Petitioner : M/S Dinu Kumar, Manoj Kumar, Advocates. For the State : M/S P.K. Verma, AAG-XI, Dr. Mankeshwar Tiwari, AC to AAG-XI, Advocates. ---------- 02. 17.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is a Village Level Worker but officiating as Block Agriculture Officer, Banke Bazar Block in the district of Gaya. He has filed this writ application for a direction to the State Respondents to consider his case for promotion on the post of Block Agriculture Officer as the reserved vacancy meant for Scheduled Castes, Scheduled Tribes, Backward/Most Backward class have not been filled up for the last five years on account of non- availability of the reserved category candidates. In this connection, it is pointed out that on account of paucity of the Block Agriculture Officer, the road map for agriculture formulated by the State Government is not being smoothly executed on account of paucity of officers. 2 3. With reference to the provisions contained in Sub-Section(6)(gha) of Section-4 of the Bihar Reservation of Vacancies in Posts and Services(For Scheduled Castes, Scheduled Tribes and other backward Classes) Act, 1993, it is submitted that after expiry of more than five years the backlog vacancies of reserved class category is not filled up, those vacancies are required to be released and filled up from the general candidates. In this connection, petitioner has filed representation dated 4.3.2009, which is addressed to the Director, Agriculture, Government of Bihar, Patna as contained in Annexure-3 to this application. 4. Let the Director, Agriculture, Government of Bihar, Patna. Consider the representation of the petitioner dated 4.3.2009, Annexure-3 and pass appropriate orders in accordance with law as early as possible, in any case within one month from the date of receipt/production of a copy of this order. The Director, Agriculture, Bihar, Patna should also consider the request of the petitioner for grant of officiating allowance for serving on the post of Block Agriculture Officer, Banke Bazar within the same time. 5. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)