R.R. Prasad, J. - (1.) HEARD learned counsel appearing for the petitioners. Learned counsel appearing for the petitioners submits that the order passed by this Court has not been complied with as no decision has been taken with respect to reversion of 78 persons, who had illegally been promoted by the State of Bihar and at the same time, the petitioners though have been promoted but they have not been promoted with effect from the date when those 78 persons had been promoted illegally on the higher post.
(2.) IN this context, an order which was recorded on 3.1.2013 would be relevant which is reproduced hereunder: Mr. Verma, learned counsel appearing for the State submits that pursuant to the order passed by this Court on 19.9.2012, a supplementary affidavit has been filed, wherein an order passed on 4.2.2011 (Annexure A) has been annexed to show that the decision has been taken by the State of Bihar in the matter of reversion of the Sub -Inspector, who had illegally been promoted from the post of ASI. But, when it was pointed out by this Court that the State of Bihar vide its order as contained in memo No. 5406 dated 19.10.2009, has never taken decision with respect to reversion of the Sub -Inspectors, who had illegally been promoted rather their seniority in the cadre of Sub -Inspectors has been down graded, it was stated by Mr. Verma, that the decision with respect to reversion of 78 persons was to be taken by the Authority of the State of Bihar and not by the Authority of the State of Jharkhand and, thereby, the Authority of the State of Jharkhand can never be said to have disobeyed the order passed by this Court. It was further pointed out by Mr. Verma that second part of the order whereby direction was given to take decision in the matter of promotion of the petitioners, that has already been taken as the promotion has been given to the petitioners, w.e.f. 2009 and, thereby the order passed by this Court has been complied with. Upon it, learned counsel appearing for the petitioners submits that the matter be posted in the next week so that he may clarify the position. Put up this case on next Thursday, i.e. 10.1.2013. Thus, it appears that decision with respect to reversion of 78 persons have already been taken by the State of Bihar whereas State of Jharkhand has taken decision in the matter of promotion to the petitioners, whereby promotion has been given w.e.f. 2009 and not w.e.f. 1984 as has been claimed by the petitioners in the writ application but no such direction was there in the order passed in the writ application for giving promotion to the petitioners w.e.f. 1984.
(3.) UNDER the circumstances, I do find that the order passed by this Court has been complied with.;