IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13895 of 2002 BARENDU BHUSAN CHATURVEDI son of late Ram Prasad Choubey, resident of village Sahupara, P.O. Dighi, P.S. Sanokhar, via Ekchari, District Bhagalpur. Versus 1.THE STATE OF BIHAR 2.The Commissioner-cum-Secretary, Public Works Department, Bihar, Patna. 3.The Engineer-in-Chief-Cum-Additional Secretary-Cum- Special Secretary, Road Construction Department, Patna. 4.The Chief Engineer, National Highway Zone, Patna. 5.The Superintending Engineer, National Highway Circle, Bhagalpur, District-Bhagalpur. 6.The Executive Engineer, National Highway Division, Lakhisarai, Headquarter Munger, District Munger. ----------- 3 9/7/2009 No one appears for the petitioner. Earlier also this writ application was dismissed for default by order dated 15.1.2003. Prayer made in this writ application reads as follows:- “i)For quashing of the letter bearing letter no. 467 dated 30.9.2002 (vide Annexure-8) issued by the Superintending Engineer, National Highway Circle (Respondent no.5) whereby for posting of the petitioner no clear order has been passed and the order has been passed for payment at initial stage of scale i.e, 4,500 to 7,000 as mentioned in L.P.C. ii)For issuance of direction commanding the respondents for posting the petitioner as a senior accounts clerk in the office of the Executive Engineer, National Highway Division, Lakhisarai, Headquarter, Munger against the sanctioned post of Senior Accounts Clerk, because the Executive Engineer, National Highway Division, Lakhisarai, Munger, (respondent no.6) treating the petitioner as Junior Accounts Clerk has recommended for transfer of the petitioner at any other division. iii)For direction commanding the respondents to make payment of monthly salary considering the pay fixation made before suspension of the petitioner as per L.P.C which was fixed at the stage of 7,000/- in pay scale of 4,500-700. iv)For payment of arrears of salary 2 and other allowance of the petitioner due since suspension.” Before this Court could have gone into the pleadings in relation to the aforementioned relief it has been pointed out by counsel for the State that earlier claim of the petitioner for the post of Senior Accounts Clerk has been settled during pendency of this writ application by inter party judgment between the petitioner of this case and one Syed Mozammil Asraf who was petitioner in C.W.J.C. No. 1846 of 2000. He would further point out that the learned Single Judge of this Court had allowed the writ application of Sayed Mozammil Asraf and consequently he was found to be eligible for promotion as senior accounts clerk in preference to the petitioner of this case. It has also been brought to the notice of this Court that the appeal filed by the petitioner against the aforementioned judgment of the learned Single Judge, i.e, L.P.A No. 266 of 2007 has also stood dismissed. That being so, claim of the petitioner in this writ application must be and is hereby rejected and this writ application is dismissed. Abhay Kumar (Mihir Kumar Jha, J.)