IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3036 of 2001 DEO NARAIN JHA & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.15143 of 2001 BINOD CHANDRA MISHRA Versus THE STATE OF BIHAR & ORS For the Petitioner : Mr. Prem Kumar Jha Mr. Arun Kumar Jha For the State : Mr. Satish Narain Singh A.C. to G.A. 3.& A.C. to S.C. 1. ----------- 7. 09.04.2009 Heard learned counsel for the petitioners and learned counsel for the State in both applications. The Divisional Establishment Committee granted selection grade promotion to Inter/Graduate trained Assistant teachers in Government Basic Schools in pursuance of certain resolution of the Finance Department. These promotions have been cancelled on 12.8.1997 with consequential orders issued on 19.8.1999 and 29.9.1999. Learned counsel for the petitioners invites attention of the Court to the specific pleadings in paragraph 8 of the application that before issuance of the impugned orders, no show cause notice with an opportunity to the petitioners to satisfy that the promotions were in accordance with law were given. Reliance is further placed on an order of this Court in CWJC No. 11766 of 1997 disposed off on 8.1.1999 and CWJC No. 11578 of 1999 disposed off on 6.3.2000 when similar promotions sought to be cancelled were set aside as being in violation of the principles of 2 natural justice. This Court as far back as on 12.3.2001 had asked the State as to why the writ application be not disposed off in terms of the earlier order of this Court. Unfortunately, the matter remained pending before this Court for last eight years on that issue. The State has not had the grace to acknowledge the earlier orders of this Court and accord similar treatment to the petitioners. The only consequence is the generation of avoidable litigation by the State officials imposing an unnecessary burden on an already over burdened Court. Faced with the aforesaid situation, learned counsel for the State in both cases find themselves defenceless to oppose this writ application. The writ applications are allowed. The impugned orders dated 12.8.1997, 19.8.1999 and 29.9.1999 are set aside. At this stage, learned counsel for the petitioners makes claim for arrears of the higher salary. Liberty is granted to make a representation, which shall be considered and disposed in accordance with law by a reasoned and speaking order. AKS/ (Navin Sinha, J.)