IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11419 of 2002 RABINDRA NATH TIWARY Versus THE STATE OF BIHAR & ORS ----------- 3. 4.3.2009 Heard learned counsel for the petitioner, for the State and for private respondent nos. 10 to 14, 16, 18, 20, 27, 30 to 32 and 33. The petitioners are Clerk in the Muzaffarpur Collectorate. They are aggrieved by the addition of the names of those absorbed from the department of consolidation in their cadre and preparation of revised gradation list whereby some of those absorbed are finding place higher than the petitioners affecting their seniority. It appears that as a matter of policy decision employees of the consolidation department were absorbed in the Collectorate. Learned counsel for the petitioner invites the attention of the Court to Annexure-5 dated 18.8.1998 written by the District Magistrate, Muzaffarpur addressed to the Additional Secretary Revenue and Land Reforms Department, Patna. It states that problems had arisen in preparation of the gradation list specially with regard to seniority in view of various issues including absorption of employees of the consolidation department on a post higher in the Collectorate than that held by them in the parent Consolidation Department itself. The letter also refers to certain other difficulties. The submission on behalf of the petitioner is that the respondents in the department of Revenue and Land Reforms were taking no action on these objections in deciding the gradation list of Clerk in the Muzaffarpur Collectorate. No counter affidavit has been filed on behalf of the State till - 2 - date. This Court, therefore, consider it proper to dispose of this writ application with direction to respondent no. 2 to take a deicison on the issue of seniority and preparation of the gradation list of Clerk in the Muzaffarpur Collectoriate consequent to the absorption of the employee of the consolation department in accordance with law and in light of the queries of the District Magistrate from Annexure-5 referred to above. Let the same be done and the final gradation list be drawn upon within a maximum period of five months from today. If a gradation list has been drawn without proper consideration and dealing with annexure-5, the objection raised by the District Magistrate, the respondent shall be obliged to draw up a fresh gradation list and if the respondents are satisfied that the condition of drawing up of gradation list is fulfilled and there is no occasion to redraw the fresh gradation list, pass reasoned and speaking order within the same period. The writ application stands disposed of. P. Kumar (Navin Sinha, J.)