IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3100 of 2004 Mahendra Das, son of Deo Nandan Das, Residentof Village Baruraj, P.S. Baruraj, District Muzaffarpur. ------ Petitioner Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Department of Health, New Secretariat, Patna. 2. The Health Commissioner, Bihar, Patna. 3. The Director, Health Services, Bihar, Patna. 4. The State Leprosy Eradication Officer, Swasth Bhawan, Bihar, Patna. 5. The Additional District Health Services Officer (Malaria), Muzaffarpur. 6. Medical Officer Incharge, Leprosy Eradication Unit, Raxaul, District East Champaran. 7. The Senior Accounts Officer, Bihar, Patna. --------- Respondents ----------- 3 8.11.2010 No one appears on behalf of the petitioner. Counsel for the State is present and would draw attention of this Court towards the fact that earlier on 24.1.2006, the petitioner was not represented by his counsel. He would further submit that such repeated absence of the counsel for the petitioner would only indicate that the relief, for which this writ application was filed by the petitioner, stands ventilated. This Court would find that an order was passed on 11.12.2001 in the earlier writ application filed by the petitioner being CWJC No. 9922 of 2001, wherein, an assurance was recorded that the final decision on the 2 petitioner’s promotion will be taken without any undue delay and, in case, he would be granted such promotion, the settlement of his revised retrial dues would also be made. Counsel for the State, in fact, having not filed the counter affidavit, is not in a position to state correct position as with regard to the compliance of the aforesaid order of this Court dated 11.12.2001 in CWJC No. 9922 of 2001. In such view of the matter, this Court would leave the petitioner to avail the departmental remedy if his grievance has not been ventilated till date. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)