IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14165 of 2002 1. UDAY NANDAN PRASAD, son of Late Krishna Nandan Prasad, resident of Naya Tola, Saristabad Road, P.S. Gardanibagh, District Patna 2. Devendra Kumar, son of late R.N.Ram, C/o Sri A.K.Chandra, House No. 140, Old A.G.Colony, P.S. Kadru Ranchi, District Ranchi 3. Prabhu Mehara, Son of Sri Chhukauri Mehara, resident of village Purainia, P.O. Narkatiaganj, District West Champaran, P.S. Sikarpur 4. Agam Prasad, son of Sri Gopal Prasad Srivastava, C/o Bimla Jha, Ghirni Pokhar, Jawahar Lal Road, P.S. Town Thana Muzaffarpur, District Muzaffarpur 5. Amar Nath, son of Sri Anupi Mahto, Flat No.14, Mehar Kunj, New P.P. Colony, P.S. Patliputra, District Patna 6. Nandeshwar Prasad, son of Sri Basudeo Prasad Sah, at and P.O. Bidupur Bazar, P.S. Bidupur, District Vaishali 7. Pujak Narayan Bhowmik, son of late Dr. Prafulla Kumar Bhowmik, Old Jakkanpur, P.S. Gardanibagh, District Patna 8. Surendra Jha, son of Late Srikant Jha, resident of Shivpuri, P.S. Shastrinagar, District Patna … Petitioners Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary, Energy Department, Government of Bihar, Sinchai Bhawan, Patna 3. The Chief Electrical Engineer, Energy Department, Government of Bihar, Sinchai Bhawan, Patna 4. The Commissioner cum Secretary, Finance Department, Government of Bihar, Main Secretariat, Patna … Respondents. ----------- 7. 9.7.2009 No one appears for the petitioners. The prayer in this writ application made by the eight of the aforementioned petitioners reads as follows: “(a) To declare that prolonged and indiscriminate deputation of officers from Bihar State Electricity Board, hereinafter referred to as the “Board” to the 2 cadre posts of Bihar State Energy Department hereinafter referred to as the “Department” resulting in deprivation of normal promotional avenue to Board officer is arbitrary, illegal and non- sustainable. (b) To return the services of the officers of the Bihar State Electricity Board on such deputation to the Department. (c) Not to induct any further any officer on deputation from the Bihar State Electricity Board so long eligible and competent officers of the department are available to man such promotional posts. (d) To promote officers of the Energy Department to higher posts available in the department so long eligible, suitable, and competent officers are available for it.” From the reading of the earlier order of this Court dated 3.4.2003 and 22.4.2003 it would appear that the main concern of this Court was to ascertain as to whether the petitioners were in any way prejudiced in the matter of their non- consideration for promotion on account of deputation of the Engineers from the Bihar 3 State Electricity Board (hereinafter referred to as „the Board‟). Counsel for the State with reference to the statement made in the counter affidavit has submitted that those officers of the State Government including the petitioners who could have a grievance on account of occupying the post of the State Government in Energy Department by deputation of the Engineers of the Board were separated for their promotion and their promotion has already been notified. He would also submit that the Government has also repatriated the Engineers of the Board to their parent department. As a matter of fact the petitioners could not have put any restriction on the power of the Government to fill its post in the Energy Department whether by way of appointment from promotion or even deputation. It is for the Government to decide as to how best the post of Chief Electrical Engineer, Senior Electrical Inspector or other statutory post can be filled up. The petitioners at best have a right for being promoted on the cadre post 4 and not on those statutory post which also becomes available to them on account of holding an equivalent post. Be that as it may, as the petitioners have abandoned to contest this writ application, the same must be and is hereby dismissed. (Mihir Kumar Jha,J.) Surendra/