IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.520 of 2007 Mahesh Jha, Son of Shri Ram Jatan Jha, Resident of Village Ughara, P.S. Bahadurpur, District Darbhanga. ………….Petitioner/ Appellant. Versus 1. The State Of Bihar, through the Secretary, Department of Industries, Government of Bihar, Patna. 2. The Special Secretary, Department of Industries, Government of Bihar, Patna. 3. The Director, Industries, Government of Bihar, Patna. 4. The Director, Handloom and Sericulture, Govt. of Bihar, Patna- Cum- Member, Promotion Committee. 5. The Director, Technical Development Department of Industries Government of Bihar, Patna, cum- Member, Departmental Promotion Committee. 6. Nirmal Kishore Jha, s/o Sri Naresh Nandan Jha, R/o village Golhatti, P.S. Bounsi, Distt. Banka, working as Industries Extention Officer. ……………..Respondents- Respondents. with LPA No.611 of 2007 Arun Kumar Pathak, Son of Late Braj Kishore Pathak, as Economic Investigator of Regional Industries Office, Patna in Patna Division, at presently posted as Economic Investigator, District Industries Centre, Sitamarhi. ……………….Petitioner/ Appellant. Versus 1. The State Of Bihar, through the Secretary, Department of Industries, Government of Bihar, Patna. 2. The Special Secretary, Department of Industries, Government of Bihar, Patna. 3. The Director of Industries, Government of Bihar, Patna. 4. The Director, Handloom and Sericulture- Cum- Member of Departmental Promotion Committee, Industries Deptt. Govt. of Bihar, Patna. 5. The Director, Technical Development Department of Industries, Government of Bihar, Patna- Cum- Member of Departmental Promotion Committee, Industries Deptt. Government of Bihar, Patna. ……………………Respondents/ Respondents. ----------- For the Appellants: Mr. K.N. Singh, Sr. Advocate Mr. Binod Kumar, Advocate & Dr. Kamladeo Sharma, Advocate. For the State: Mr. D.K.Sinha, A.A.G.2 Mr. S.S. Shabber Hussain, G.P.4 & Mr. R.K. Sinha, A.C. to G.P. 4. For the Respondents: Mr. Umesh Kumar Singh, Sr. Advocate. ……………… 18 20.07.2011 These appeals have been filed against the common order dated 8th May, 2007 in C.W.J.C. No. 4959 of 2002 and other analogous cases. The writ petitioners/ appellants herein are 2 aggrieved by non consideration of their cases for getting promotion on the post of Manager/ Assistant Director as they belong to Group-C of Schedule-IV of the Rules. Even though various contentions have been raised with regard to fixation of quota of Schedule IV of the Bihar Joint Cadre, but however as the above Schedule IV has been upheld by the Apex Court in the case of ‘Bihar State Subordinate Industries Field Officers’ Association Vs. Kapildeo Prasad Singh & Ors’ reported in A.I.R. 2000 SC 2042, we are not inclined to dwell on merits as with regard to fixation of quota as the appellants have not chosen to challenge the question of fixation of quota. But however, during course of argument the learned A.A.G. 2 submitted that the appellants were eligible for consideration of their cases for promotion but the vacancies arose in between 2006-2008, hence no injustice was done to them also. In this regard the learned A.A.G. 2 has brought to the notice of this Court a letter No.3415 dated 19.7.2011. In the said letter vacancy position is disclosed which reads as follows:- 3 The learned A.A.G.2 submits that in view of vacancy position in letter No.3415 dated 19.7.2011 the case of the appellants for promotion should have been considered in Group-C of Schedule IV of the Rules. As the appellants were in service at that point of time, we think it proper to direct Respondent no. 1 to consider the cases of the appellants for promotion to the post of Manager/ Assistant Director as per rules. We also make it clear that if the appellants are otherwise found fit for promotion and they will be entitled for all consequential benefits, the same must be extended to them within a period of four months from the date of taking such decision. With the above observation these L.P.As. stand disposed of. Abhay Kumar ( T. Meena Kumari, J.) (Ahsanuddin Amanullah, J.)