IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4850 of 2006
SADHU SHARAN PASWAN
Versus
THE STATE OF BIHAR & ORS
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03 07.12.2010 The petitioner had filed a writ petition being C.W.J.C.
No. 1087 of 2003 for a direction to the respondents to consider his
case for promotion to the post of Organizer in the Sugarcane
Department. The writ petition was disposed of on 27.02.2003 with
a direction to the Cane Commissioner, Bihar to decide the matter
and take a decision. The Cane Commissioner by his order dated
11.07.2003 held that there was no utilization of the said post and a
decision had been taken to abolish the post and, as such,
petitioner’s case for promotion to the said post could not be
considered. That was 2003. Petitioner has come to this Court
once again for the same relief on the ground that the post is in
existence and there is no decision to abolish the same.
Once again a counter affidavit was filed in the present
case in the year 2006 itself stating that on account of decision to
abolish the post taken in the year 2003, petitioner’s promotion to
the post of Organizer cannot be considered.
In the supplementary affidavit filed by the petitioner,
petitioner has annexed the yearly report of the year 2005-06 of the
Sugarcane Development Department of Government in which it is
clearly specified that the two posts of Organizer in the Sugarcane
Department is available which are lying vacant. He then has
annexed a communication of the Cane Commissioner, Bihar
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himself which clearly stipulates that the sanctioned and
functioning posts which are available in the Sugarcane Department
include two posts of Organizer. Before the Court he has further
produced the recommendation of the Pay Revision Committee and
resolution of the Finance Department dated 21st January, 2010
wherein the revised pay scale of Organizer is specified. Petitioner,
thus, submits that only to deny promotion to the petitioner this
false stand is being taken whereas the post has neither been
abolished nor has there been any conscious decision of the
Government not to fill up the post.
Let learned counsel for the State take instructions in
the matter and file a comprehensive counter affidavit duly sworn
by the Cane Commissioner, Bihar.
List this case under the heading “For Admission” as a
zero item on 10th January, 2011.
Trivedi/ (Navaniti Prasad Singh, J.)