IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18385 of 2009 1. SANJAY KUMAR S/O LATE RAM CHANDRA PRASAD R/MOHALLA- BARI BAG TAJ COLONY, P.S.- KOTWALI, DISTT.- GAYA AT PRESENT WORKING AS HEAD CLERK, PRESS AND FORM GAYA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, OLD SECRETARIAT, BIHAR, PATNA 2. THE SECRETARY CUM COMMISSIONER DEPARTMENT OF FINANCE, OLD SECRETARIAT, BIHAR, PATNA 3. THE SPECIAL SECRETARY DEPARTMENT OF FINANCE, OLD SECRETARIAT, BIHAR, PATNA 4. THE DEPUTY SECRETARY DEPARTMENT OF FINANCE, OLD SECRETARIAT, BIHAR, PATNA 5. THE UNDER SECRETARY DEPARTMENT OF FINANCE, OLD SECRETARIAT, BIHAR, PATNA 6. THE UNDER SECRETARY CUM DISTRICT (PRESS) GOVERNMENT OF BIHAR, PATNA 7. THE SUBDIVISIONAL OFFICER GAYA CUM THE SUPERINTENDENT PRESS AND FORMS, GAYA JAIL PRESS, GAYA 8. THE DEPUTY SUPERINTENDENT PRESS AND FORMS, GAYA JAIL PRESS, GAYA ----------- 2. 31.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The relief sought for is to be considered for promotion on the post of Administrator-cum- Accounts Officer from due date along with consequential benefits. On record is an order dated 27.11.2009 of the SDO Gaya cum Superintendent, Press and Forms, Gaya that sanction for creation of a need based post to enable promotion of the petitioner in accordance with law had been sought and no sooner that the sanction for the need based post is given his case shall be considered in accordance with law. Learned Counsel for the petitioner relying upon the Finance Department notification no. 4849 dated 4.6.2009 submits that in response to his application under Right to Information Act the Department has also intimated the sanction of pay of the promotional post which indicates that the post in 2 fact stands sanctioned as there can be no pay scale without creation and sanction of the post first. Let the SDO Sadar cum Superintendent Press and Forms, Gaya pass a fresh reasoned and speaking order in light of the notification of the Finance Department referred to above. Alternately if any procedural formalities be pending for sanction let the concerned respondents complete the same within a maximum period of three months from the date of receipt and/or production of a copy of this order. Let the case of the petitioner be considered in like period of time and appropriate, reasoned and speaking order passed. It is expected that all consequential benefits shall also be made available to the petitioner within the same period of time if circumstances so warrants. There is another aspect of the matter with regard to nature of the recitals contained in Paragraph 1 of the order dated 27.11.2009. This Court refrains from making any further observations with regard to the language therein least it prejudice the SDO Sadar Gaya. If official respondents refuse to perform their duties in time despite two copies of the writ petition being served in the office of the Advocate General and do not wake up to their duties to assist the Court by giving timely instruction to the State Counsel, it is indeed unfortunate that the SDO Sadar Gaya has sought to caste the burden of his own inefficiency upon the Court. This matter is appropriately referred to the Secretary cum Commissioner, Department of Finance, 3 Government of Bihar for appropriate consideration by him in accordance with law of the conduct of the SDO Gaya. It is expected that at least from the course of events in this writ application the State authorities shall wake up to the fact that the High Court Rules were amended years ago requiring two copies of the writ application to be served in the office of the Advocate General. The second copy was for the benefit of the State authorities. It is high time that they realise their responsibility and give instruction in advance to the State Counsel so that the counter affidavit is filed in time in stead of seeking to put the blame on the Courts for what are essentially their lapses. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)