IN THE HIGH COURT OF JUDICATURE AT PATNA 5 10.12.2010 CWJC No.9302 of 2009 Shashi Bhushan Kumar son of Late Veer Sen resident of Mohalla Machhua Toli, P.S. Kadamkuan, Distt. Patna General Secretary Bihar State Matsya Karamchari Sangh, Bihar, Patna …… Petitioner VERSUS 1. The State of Bihar through Chief Secretary, Bihar, Patna 2. The Secretary, Animal Husbandry and Fisheries Resource Department, Bihar, Patna 3. The Director, Fisheries, Bihar, Patna …… Respondents With CWJC No.3145 of 2009 Deo Prakash aged about 42 years S/o Late Deo Brat R/o Mohalla Bibi Ganj, PO Danapur, P.S. Danapur, District Patna …… Petitioner VERSUS 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Main Secretariat, Patna 2. The Secretary, Department of Personnel & Administrative Reforms, Govt. of Bihar, Main Secretariat, Patna 3. The Secretary- cum- Finance Commissioner, Finance Department, Govt. of Bihar, Main Secretariat, Patna 4. The Secretary of Fisheries, Animal & Fisheries Resources Department, Govt. of Bihar, Patna 5. Director of Fisheries, Govt. of Bihar, Patna ….. Respondents ------- Heard learned counsel for the petitioners and learned counsel for the State. - 2 - The main grievance of the petitioners is in respect of percentage of posts reserved for promotees for the post of Fishery Extension Officer and also against policy reflected by the rules providing for filling up the post of District Fishery Officer only by promotion by treating it as promotional post. On considering the provisions in the rules, we find that there is provision for direct recruitment for the post of Fishery Extension Officer but even at this stage 25 per cent of posts have been kept reserved for the promotees and against this the petitioner organization of employees of Fisheries Department cannot have any valid grievance. So far as treating post of District Fishery Officer only as a promotional post is concerned, this is clearly a matter of policy and does not violate any statutory provisions and cannot be treated as discriminatory or arbitrary. As a result, we find no merit in these writ petitions challenging vires of rules of recruitment to various posts under the Animal Husbandry and Fisheries Department notified on 23rd August, 2007, - 3 - contained in Annexure-5. The writ petitions are, therefore, dismissed. sk (Shiva Kirti Singh, J.) (Dr Ravi Ranjan,J.)