IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4116 of 2010 1. BRAJ KISHORE SINGH S/O RAM BRIKSHA SINGH R/O VILLAGE + P.O MAJHAULI, P.S- LALGANJ , DISTRICT- VAISHALI AT HAJIPUR, PRESENTLY OFFICIATING AS HEAD ASSISTANT IN THE OFFICE OF STATE FOOD CORPORATION, CHAPRA Versus 1. THE BIHAR STATE FOOD AND CIVIL SUPPLIED CORPORATION LIMITED SONE BHAWAN BIR CHAND PATEL PATH, PATNA THROUGH ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, THE BIHAR STATE FOOD AND CIVIL SUPPLIED CORPORATION LIMITED null SONE BHAWAN BIR CHAND PATEL PATH, PATNA 3. THE CHIEF OF ADMINISTRATION, THE BIHAR STATE FOOD AND CIVIL SUPPLIED CORPORATION LIMITED SONE BHAWAN BIR CHAND PATEL PATH, PATNA 4. THE DISTRICT MANAGER, STATE FOOD CORPORATION, CHAPRA ----------- For the Petitioner :M/s Bishnu Kant Dubey & Panchu Ram, Advocates For the Respondents :M/s R.S. Pradhan, Sr. Advocate & A.N. Rai, Advocate 03/ 22.03.2010 Heard learned counsel for the petitioner and Bihar State Food and Civil Supplies Corporation Limited (hereinafter referred to as the Corporation). 2. The request of the petitioner for promotion on the post of Assistant in the scale of Rs. 4,000- 6,000/- has been rejected under office order, bearing No. 1005 dated 29.1.2010, Annexure-8 on the ground that petitioner is presently serving in the scale of Rs. 2650-4000/- and cannot be considered for promotion on the post of Assistant in the scale of Rs. 4,000- 6,000/- as in between, there is another scale of Rs. 3050- 4590/-. 3. Learned counsel for the petitioner assails the aforesaid order dated 29.1.2010, Annexure-8 on the ground that under office order, bearing Memo No. 8169 dated 30.9.2008, 2 M/s Rajendra Kumar and Rajendra Tiwary were allowed promotion in the higher scale of Rs. 5,000- 8,000/- and few days thereafter in the still higher scale of Rs. 5,500- 9000/- and thereby in effect both M/s Rajendra Kumar and Rajendra Tiwary were allowed promotion by jumping the scale. Similar treatment could have been allowed to the petitioner as well. In this connection, it is also pointed out that under office order, bearing Memo No. 1909 dated 28.2.2009, large number of Assistants were granted promotion on the post of Assistant Manager in the scale of Rs. 5500- 9000/- ignoring the fact that they were not promoted on the post of Head Assistant, scale whereof was in between the scale meant for the Assistant and the Assistant Manager. 4. Learned counsel for the petitioner on the strength of the aforesaid order dated 30.9.2008 and 28.2.2009 submitted that the case of the petitioner for promotion on the higher Class III post of Assistant in the scale of Rs. 4,000- 6,000/- may be considered either by granting him promotion in the scale of Rs. 3050- 4590/- or the promotion granted to M/s Rajendra Kumar and Rajendra Tiwary under office order dated 30.9.2009 and to others on the post of Assistant Manager under office order dated 28.2.2009 be cancelled, as they have been granted such promotion ignoring the fact that they were never considered and promoted on the post of Head Assistant, which is in between the scale of Assistant and Assistant Manager. 3 5. Let the petitioner highlight the aforesaid aspect of the matter before the Managing Director of the Corporation by filing representation, which should be considered and disposed of in accordance with law, as early as possible, in any case within two months from the date of receipt of the representation along with a copy of this order. 6. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)