IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2436 of 2009 HAKIM PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2. 20.2.2009 Heard Mr. Amber Nath Banerjee, learned counsel for the petitioner and the counsel for the State. The grievance of the petitioner with regard to his promotion in senior scale of Bihar Administrative Service (S.D.O. rank) can definitely be looked into and decided by the Principal Secretary, Personnel and Administrative Reforms Department before whom a representation is pending. It may, however, be indicated that it is the case of the petitioner that he was allocated State of Jharkhand and he had remained there and whereafter he had sought mutual transfer which has now given him State of Bihar. The Commissioner, therefore, will examine as to whether such mutual transfer can still allow the petitiner to retain his original seniority or will place him in the bottom of the seniority list on account of his being an optee for transfer on his request. In the event the Government finds that on account of mutual transfer the 2 petitioner has not lost his seniority, the petitioner must be given promotion from the date his junior has been given, but, on the other hand, it is found that the petitioner on account of his mutual transfer has lost his seniority he will not be entitled for any promotion unless his turn comes as per seniority list. This application, accordingly, stands disposed of. (Mihir Kumar Jha,J.) Surendra/