IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12976 of 2005 KRISHNA KUMAR SINHA SON OF LATE RAJENDRA PRASAD RESIDENT OF VILLAGE MATHURAPUR, P.O. MATHURAPUR, P.S. WARISNAGAR, SAMASTIPUR. Versus THE STATE OF BIHAR & ORS ----------- 2 06/09/2010 It is only a bald statement or assertion that 12 junior persons to the petitioner have been promoted vide notification dated 29.12.2001 whereas petitioner has been granted promotion on the post of Section Officer only in the year 2005. Absence of specific pleading in this regard does not entitle the petitioner for a direction from this Court; more so, when there is evidence to show that the question of seniority is still an issue to be adjudicated upon by the Hon’ble Supreme Court as the dispute in relation to gradation list is still pending at their level. Let petitioner approach the respondents when the seniority list is settled in this regard. Any observation at this stage will be based on hypothesis rather than on any substantive piece of evidence. This writ application is dismissed with the above observation. - 2 - Dismissal of this writ application, however, will not come in the way of the petitioner to claim benefit when such a situation arises. AMIN/ (Ajay Kumar Tripathi, J.)