IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6491 of 2007 Shankar Malakar , son of late Lakho Malakar, R/o Barauni- 3(Bharti Nagar) P.S. Teghra, Dist. Begusarai ……Petitioner Versus 1. The State of Bihar , through the Secretary, Animal Husbandry Department, Government of Bihar, New Secretariat, Bikas Bhawan, Patna. 2. Director, Animal Husbandry Department, Government of Bihar,New Secretariate, Bikas Bhawan, Patna. 3. Special Deputy Director (Cattle Development), Large Cattle Development Project, Head Quarter Level, Barauni. 4. Assistant Director (Cattle Development), Large Cattle Development Project, Regional Level, Begusarai ……..Respondents. -------------------- For the Petitioners : Mr. Shivendra Kishore, Advocate. For the State : Mr. P.K. Verma, A.A.G-5. Mr. Suman Kumar Jha, AC to A.A. G-5. ------------------ with Civil Writ Jurisdiction Case No.6691 of 2007 Madneshwar Prasad Roy son of late Jagdhar Roy, R/o Mohalla Sirdilpur,P.S. patory, District Samastipur ……….Petitioner. Versus 1. The State f Bihar through the Secretary-cum- Commissioner, Animal Husbandry Department, Government of Bihar, New Secretariat, Bikas Bhawan, Patna. 2. Director, Animal Husbandry Department, Government of Bihar,New Secretariate, Bikas Bhawan, Patna. 3. The Regional Director, Animal Husbandry Department, Govt. of Bihar, New Secretariat, Vikash Bhawan, Patna. 4. The District Animal Husbandry Officer, Samastipur. ……..Respondents. ----------- For the State: Mr. Ajay Kumar, AC to A.A.G-8 ----------- with Civil Writ Jurisdiction Case No.6668 of 2007 Sita Devi . wiofe of late Dinesh Rai, R/o Village Sakhara,P.S. Phulwari, District Begusarai ...Petitioner. Versus 1. The State of Bihar through the Secretary-cum- Commissioner, Animal Husbandry Department, 2 Government of Bihar, New Secretariat, Bikas Bhawan, Patna. 2 Director, Animal Husbandry Department, Government of Bihar,New Secretariate, Bikas Bhawan, Patna. 3. Special Deputy Director (Cattle Development), Large Cattle Development Project, Head Quarter Level, Barauni. 4. Assistant Director (Cattle Development), Large Cattle Development Project, Regional Level, Manjhaul, Dist. Begusarai 5 The Accountant General, Bihar, Bir Chand Patel Path, Patna ………………………..Respondents ---------- For the State : Mr. Tej Bahadur Singh, A.A.G-7. Mr. Shashi priya pathak, AC to A.A.G-7. ----------- 3 02.12.2011 Heard learned counsel for the petitioners and the State. 2. Petitioners of C.W.J.C. No. 6491 and C.W.J.C. No. 6691 both of 2007 are serving as Live Stock Assistant. Petitioner of C.W.J.C. No. 6668 of 2007 is the wife of late Dinesh Rai who while serving as Live Stock Assistant left for his heavenly aboded on 15.05.2004. 3. Prayer in these writ petitions has been made to direct the State respondent to consider the case of the petitioners and the husband of petitioner Sita Devi for promotion on the post of Live Stock Supervisor, Live Inspector and Assistant Technical officer/Assistant Fodder Development Officer with effect from 19.03.1991 and other due dates on the basis of the seniority position of the petitioners and the husband of Sita Devi in the final gradation list dated 1.8.2006, annexure-9 in C.W.J.C. No. 6491 of 2007. 3 4. In this connection it is pointed out that colleagues placed below the petitioners in the gradation list have been granted promotion as Live Stock Supervisor, Live Inspector, and Assistant Technical Officer/Fodder Development Officer under order dated 24.10.1998, 8.1.2001, 19.08.2003 Annexures 5, 6 and 7 with effect from 19.3.1991. It is further submitted that colleagues junior to the petitioners after earning promotion as Live Stock Supervisor were also granted promotion as Live Inspector and Assistant Technical officer/Assistant Fodder Development Officer with effect from the due date and the case of the petitioners is also required to be considered for those promotions from the due date. 5. A counter affidavit has been filed in C.W.J.C. No. 6668 of 2007 in which statement has been made that the promotion granted to the junior colleagues of the petitioners is illegal and steps are being taken to cancel the same. In the court affidavit no order cancelling promotion of the junior colleagues has been placed on record. 6. In the circumstances, there is no difficulty for the High Court to conclude that till the date of filing of the counter affidavit the promotion of the junior colleague of the petitioners on the higher post of Live Stock Supervisor, Live Inspector and Assistant Technical officer has not been cancelled. Accordingly, this Court has no option but to direct the competent authority respondent no.2 to consider the case of the petitioner for promotion on the higher post of Live Stock Supervisor, Live 4 Inspector and Assistant Technical officer/Assistant Fodder Development Officer in accordance with law as per the seniority position of the petitioners in the gradation list dated 1.8.2006 as early as possible in any case within two months from the date of receipt/production of a copy of this order. In the event petitioners are granted such promotion, arrears of difference of salary will also be paid to the petitioners and Sita Devi within the same time. The writ applications stand disposed of. M.Rahman (V. N. Sinha, J)