IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9862 of 2009 1. JAGLAL RAM, SON OF LATE MOHAN RAM, RESIDENT OF VILLAGE SAWASIN, P.S. TEKARI, DISTRICT GOPALGANJ. 2. KRISHNA THAKUR, SON OF LATE BALDEO THAKUR, RESIDENT OF VILLAGE DEOKULI KOTHI, P.S. MAHMADPUR, DISTRICT GOPALGANJ. 3. SHOE NATH MAHTO, SON OF LATE THAGAN MAHTO, RESIDENT OF VILLAGE GODHIYA BAHADURPUR, DISTRICT VAISHALI. 4. ARVIND KUMAR SINGH, SON OF LATE SAHDEO SINGH, RESIDENT OF VILLAGE NAUGAHI, P.S. PHULIDUMAR, DISTRICT BANKA. 5. HARENDRA PRASAD SINGH, SON OF LATE MAHABIR SINGH, RESIDENT OF VILLAGE HUNAINA BUJURG, P.S. GORAUL, DISTRICT VAISHALI. ALL ARE AT PRESENT POSTED AS LAB ASSISTANT IN THE OFFICE OF DEPUTY DIRECTOR AGRICULURE(SEED ANALYSIS), MITHAPUR FARM, BIHAR PATNA----PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. DIRECTOR AGRICULTURE, BIHAR, PATNA. 3. DEPUTY DIRECTOR AGRICULTURE(SEED ANALYSIS), MITHAPUR FARM, BIHAR, PATNA---RESPONDENTS. ----------- 02. 18.08.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are presently serving as Lab Attendant under Deputy Director Agriculture(Seed Analysis), Mithapur Farm, Bihar, Patna, Respondent No.3. Earlier they were asked to officiate on the higher post of Lab Assistant and while they continued as such, they were also granted the scale admissible to the Lab Assistant. Such officiation and grant of scale was made without taking into account the seniority of the petitioners and the matter was agitated in this Court. In the light of the orders of this Court petitioners were reverted back on the lower post of Lab Attendant under order No. 1381 dated 21.4.2006, Annexure-3. After their reversion the authorities have considered the case of all the Lab Attendants as per their seniority position in the gradation list for promotion on the post of Lab Assistant and the consideration is reflected under office order No. 305 dated 22.7.2009, Annexure-2. 3. Petitioners have filed this writ application for a direction - 2 - to the State Respondents to consider their case for grant of promotion on the post of Lab Assistant in the light of the consideration made for such promotion under office order No. 305 dated 22.7.2009, Annexure-2 and for such purpose they have also filed representation dated 31.7.2009, which is addressed to the Deputy Director Agriculture(Seed Analysis), Mithapur Farm, Bihar, Patna, Respondent No.3, copy whereof is taken on record. 4. Let the Deputy Director Agriculture(Seed Analysis), Mithapur Farm, Bihar, Patna, Respondent No.3 consider the case of the petitioners for grant of promotion on the post of Lab Assistant as early as possible, in any case within three months from the date of receipt/production of a copy of this order as while reverting the petitioners under order dated 21.4.2006, Annexure-3 it was resolved to consider the case of all the Lab Attendants for grant of promotion as per their seniority position in the gradation list and availability of the vacancies. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)