IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2178 of 2003 Non-gazetted Havildar Association, Homeguards thrugh its President Jawahar Prasad Tanti, S/o Ram Dular Tanti, Village Sherpur, P.O. BasudeoPur, P.S. Kotwali (Munger), District Munger. ------ Petitioner Versus 1. The State of Bihar through the Secretary to the Govt. Home (Special) Department, Main Secretariat, Patna. 2. The Commandant General Bihar Homeguards, Chhajubagh, P.S. Kotwali, District Patna. 3. The Deputy Commandant General, Bihar Homeguards, Chhajubagh, P.S. Kotwali, District Patna. 4. The Commandant, Bihar Homeguards, Chhajubagh, P.S. Kotwali, District Patna. ----------- Respondents ----------- 7 14.7.2009 Heard counsel for the petitioner. The prayer of the association of Non-Gazetted Havildar of the Home Guard is for considering the case of eligible Havildar working in the Home Guard for their promotion on a post of Jamadar/Company Commander. Though Mr. Pandey has tried to refer to certain pleadings and documents enclosed with the writ application, he has not been able to explain that there is a channel of promotion from Havildar to Jamadar/Company Commander or any procedure has been laid down for such promotion. Counsel for the State also does not improve the situation because in a span of more than six years, no counter affidavit has been filed by the state explaining the grievance of the petitioner. In the opinion of this Court, keeping this writ application pending will be a futile exercise, inasmuch as, in absence of aforesaid materials/pleadings this Court is not in a position to effectively decide the claim of promotion being staked by the petitioner association. In the background of the aforementioned 2 handicap, this Court would leave the matter initially to be decided by the respondents by directing the petitioner to file a self-contained representation if the petitioner association is a recognized association and has the capacity to represent its so-called members. On the other hand, if the petitioner association is not a recognized institution, it will be for the individual person claiming such promotion to file their individual representation which will be considered by the competent authority in accordance with law and such authority will be under obligation to pass a reasoned order as with regard to the claim for promotion on the post of Jamadar/Company Commander. Let such a exercise be completed by the respondents within a period of six months from the date of filing of such representation by the petitioner and/or the individual members claiming promotion. With the aforesaid observations and directions this application is finally disposed of. Let a copy of this order be given to SC-1. Rsh (Mihir Kumar Jha, J.)