Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties. This writ petition in effect is the third writ petition preferred in 2015 after the earlier two writ petitions preferred in 1998 being C.W.J.C. No. 6320 of 1998 before then Patna High Court and W.P.S. No. 3012 of 2010 preferred before this Court raising the claim for promotion to the post of Plant Protection Inspector w.e.f. 18.2.1992.
(2.) On the first instance petitioner sought consideration of his case for promotion in the light of resolution of the Government dated 18.2.1992 stating that he is entitled for the same If he is senior -most person available in the department. The learned Single Judge of the Patna High Court vide order dated 28.10.1999 (Annexure -4) directed the respondent/competent authority to decide his claim on his representation within the stipulated period in accordance with law. That representation was considered and declined by the order bearing memo No. 3678 dated 4.9.2001, (Annexure -6) which was communicated to the petitioner reportedly by Annexure -7, letter No. 3847 dated 22.10.2003 by the Deputy Director Administration, Directorate of Agriculture, Bihar. The contempt petition preferred by the petitioner for prosecution of the order passed in the said writ petition was closed by the Patna High Court vide order dated 3.11.2003 in M.J.C. No. 3254 of 2000 giving him liberty to challenge the said order before appropriate forum in appropriate proceeding (Annexure -9).
(3.) Petitioner, thereafter was allocated to the successor State of Jharkhand in 2007 and approached this Court in W.P.S. No. 3012 of 2010 for the same relief also laying challenge to the order dated 4.9.2001 and the letter dated 22.10.2003 as aforesaid. He also sought consideration of his case for regular promotion w.e.f. 18.2.1992. That writ petition perhaps was pressed only with the prayer that his representation before the Director, Agriculture for such promotion be considered and decided as no order had been passed there upon. Learned Single Judge of this Court vide order dated 6.8.2010 was pleased to dispose of the writ petition by giving liberty to the petitioner to file fresh representation raising his claim and grievances along with supporting documents to be decided by the Director, Agriculture by a reasoned order within stipulated period. The Director, Agriculture, Jharkhand and Bihar, both have passed reasoned order which are impugned in the present writ application vide Annexures -11 and 12 bearing memo No. 1433 dated 5.5.2012 and 23.1.2013 bearing memo No. 131 respectively, apart from the order dated 4.9.2001, 22.10.2003 passed earlier by the respondent -authorities of the State of Bihar.;