IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3338 of 2005 1. Mohammad Mustaqeem, son of late Md. Hanif, resident of Mohalla- Basmali, P.S.-Hajipur Town, District-Vaishali 2. Jinesh Rai, son of Late Anandi Rai, resident of Mohalla-Chiknauta, P.S.-Hajipur Town, District-Vaishali ………..Petitioners Versus 1. The State of Bihar through the Chief Secretary, Bihar, Main Secretariate, Patna 2. The Commissioner-cum-Secretary, Department of Urban Development Government of Bihar, Patna 3. The District Magistrate-cum-Collector, Vaishali at Hajipur 4. The Chairman, Nagar Parishad, Hajipur(Vaishali) 5. The Chief Executive Officer, Nagar Parishad, Hajipur(Vaishali) 6. Ganesh Prasad Chaudhary, Lower Division Clerk, Nagar Parishad, Hajipur(Vaishali) 7. Ram Naresh Singh, Lower Division Clerk, Nagar Parishad, Hajipur, Vaishali ……..Respondents ----------- 05. 21.07.2011 It appears that notices were issued to respondent Nos. 4 to 7 on 08.11.2006 but still the counter affidavit has not been filed on their behalf nor any one has appeared on behalf of such respondents. Respondent State has also not filed any counter affidavit. Notices issued to respondent Nos. 4 to 7 were accepted as validly served by the order of this Court on 14.02.2008. The writ application has been filed to promote the petitioners to the post of Lower Divisional Clerk from the date their juniors have been promoted and to pay all consequential monetary benefits. 2 It appears that vide letter No. 1136 dated 09.12.2000 the Deputy Collector, Establishment Section, Vaishali directed the Special Officer, Hajipur Municipality on the basis of petitioners’ representation as to how Ganesh Prasad Chaudhary and Ram Naresh Singh, being juniors to the petitioners, have been promoted, hence the Special Officer was directed to make enquiry with regard to the promotion and make available the seniority list as well as the service book of the concerned employees. Thereafter the District Magistrate, Vaishali vide letter No. 383 dated 24.04.2002, after examining the representation of the petitioners and their service books came to the conclusion that promotion on the post of Tahsildar was granted to some employees, as a result of which senior persons were deprived of the promotion. Moreover the Special Officer was directed to correct the seniority list placing petitioners at serial Nos. 1 and 2 and Ram Naresh Singh and Ganesh Prasad Chaudhary at serial Nos. 3 and 4. Accordingly the Special Officer was directed to correct the seniority list and make promotion. It is submitted by learned counsel for the petitioners that till date the order of the Collector has not been complied, for which the petitioners made representation vide Annexure-5 and 6. 3 This Court has no option but to accept the contention of the petitioners in absence of pleadings being not controverted by any of the respondents. Accordingly the respondent Nos. 4 and 5 are directed to make promotion as per the corrected seniority list as directed by the Collector as contained in Annexure-4 within a period of three months of the receipt of the order and to pay all the consequential financial benefits from the date the petitioners became eligible to be promoted to the next higher grade i.e. Lower Division Clerk, within a further period of three months. With the observations made above, the application stands allowed. Shageer ( Dinesh Kumar Singh, J)