IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17189 of 2009 1. BINAY KUMAR SHUKLA S/O LATE GIRJJA NANDAN SHUKLA R/O K- 4,CHANDRA VIHAR COLONY, ASHIANA DIGHA ROAD, PATNA PRESENTLY WORKING AS HORTICULTRUE OFFICER IN HORTICULTURE DIRECTORATE, BIHAR,PATNA Versus 1. THE STATE OF BIHAR 2. THE AGRICULTURE PRODUCTION COMMISSIONER, DEPARTMENT OF AGICULTURE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE UNDER SECRETARY, DEPARTMENT OF AGRICULTURE GOVERNMENT OF BIHAR, PATNA ----------- 02 04.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. Aggrieved by the order dated 3.7.2009, divesting him of additional power of Assistant Director Horticulture, while he held the substantive post of Horticulture Officer, the petitioner came to this Court in C.W.J.C. No. 9020 of 2009, disposed on 31.7.2009. This Court directed him to represent before the authorities and in pursuance of which, the impugned order dated 16.10.2009 has been passed. Even though the pay-scale of two posts is the same, Assistant Director, Horticulture was the controlling Officer for the post of District Horticulture Officer and, therefore the petitioner could not be permitted to continue with the in- charge appointment as a matter of right. Learned counsel for the petitioner submits that even if that be so, on 30.7.2009 itself, a fact 2 which the petitioner was not aware of when his writ petition came to be disposed, the respondents have assigned the duties of District Horticulture Officer, to persons junior to him more particularly the persons named at paragraphs- 4, 7, 8 and 10 in the order dated 30.7.2009. Therefore, for the reasons contained in the impugned order dated 16.10.2009 it needs no argument that the petitioner is being forced to work under his juniors. Prima facie, the petitioner appears to be having a case to a limited extent which ments consideration. Let the respondents consider the grievance of the petitioner in light of these submissions made from the order dated 30.7.2009 assigning duties of the District Horticulture Officer, a post above that of Horticulture Officer, held by the petitioner, to his juniors as urged requiring him to work under them. Let, such consideration be done and appropriate reasoned and speaking order passed within a maximum period of eight weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. P.K. (Navin Sinha, J.)