IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8549 OF 2007 DEVENDRA SAH, S/O LATE BUDDHU SAH, R/O VILLAGE+P.O MADHURAPUR, P.S BIHPUR, DISTRICT BHAGALPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, BIHAR, PATNA. 2.DIRECTOR, SECRETARY EDUCATION, BUDHA MARG, PATNA. 3.COMMISSIONER CUM SECRETARY, BIHAR, PATNA. 4.REGIONAL DEPUTY DIRECTOR OF EDUCATION, MUNGER DIVISION. 5.REGIONAL DEPUTY DIRECTOR OF EDUCATION, KOSHI DIVISION SAHARSA. 6.DISTRICT EDUCATION OFFICER, KHAGARIA. ………………………RESPONDENTS. WITH CWJC NO.9131 OF 2007 CHANDRA KISHORE SINGH, S/O LATE RAMESHWAR PRASAD SINGH, R/O VILLAGE +POST-BIHPUR, P.S SONBARSHA, DISTRICT SAHARSA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, BIHAR, PATNA. 2.THE DIRECTOR, SECRETARY EDUCATION, BUDHA MARG, PATNA. 3.THE COMMISSIONER CUM SECRETARY, SECONDARY EDUCATION, BIHAR, PATNA. 4.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, MUNGER DIVISION. 5.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, KOSHI DIVISION SAHARSA. 6.THE DISTRICT EDUCATION OFFICER, KHAGARIA. ………………………RESPONDENTS. ----------- 02/ 29.09.2011 Heard counsel for the parties. Having regard to the very limited nature of the prayer made by the petitioner as with regard to consideration of his case 2 for promotion on the senior scale w.e.f. 01.01.1986 and the explanation given by the Authorities in the counter affidavit stating inter alia:- “9. That just after getting the relevant records from R.D.D.E., Koshi Division, Saharsa and District Education Officer, Khagaria, the matter will be placed before the Divisional Promotion Committee and promotion will be given to the petitioner, if he fulfills all the criteria. 10. That it apparently clear that the department is serious in this matter and steps are being taken to fulfil the demand of the petitioner, in shortest period of time.” this Court would believe that the consideration by the Authority must have been completed inasmuch as, such counter affidavit was sworn and filed on 05.11.2007. Neither the counsel for the petitioner nor the counsel for the State however seem to be aware of the latest position but then the tenor of the counter affidavit would go to show that the promotion of the petitioner could not be considered, on account of there being some confusion, as with regard to his cadre and the consequential seniority whether of 3 Saharsa Division or Munger Division. This was sought to be removed as has been explained in paragraph no. 9 of the counter affidavit and therefore, this Court would direct the Competent Authority to ensure that if such consideration of the petitioner has not been made as yet it must be done within a period of three months from the date of receipt/production of a copy of this order. At the same time, it is made clear that if such consideration had already been made its result and/or its consequential benefit must be communicated/extended to the petitioner within the same period. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)