IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2723 of 2007 Krishan Kumar Sharma son of late Pradip Sharma, resident of mohalla Chandpur Bela, P.S. Jakkanpur, Distt. Patna …. … Petitioner Versus 1. The State Of Bihar 2. The Commissioner-cum- Secretary, Personnel and Administrative Department, Govt. of Bihar, Patna 3. The Commissioner-cum- Secretary, Finance Department, Govt. of Bihar, Patna 4. The Commissioner-cum- Secretary, Primary Education Department, Govt. of Bihar, Patna 5. The Commissioner-cum- Secretary, Building Construction Department, Govt. of Bihar, Patna 6. The Engineer-in-Chief, Building Construction Department, Govt. of Bihar, Patna 7. The Chief Engineer, Building Construction Department, South Bihar, Patna 8. The Chief Engineer, Building Construction Department, North Bihar, Patna 9. The Superintending Engineer, Building Circle, East Champaran at Motihari 10. The Superintending Engineer, Building Circle at Ara. …. Respondents ---------------------------------- For the Petitioner :M/s D.K. Sinha, Sr. Advocate & Dilip Kumar No.1, Advocate For the State :M/s Shyam Kishore Sharma, G.A.-3 & S.P. Verma, A.C. to G.A.-3 02/ 30.08.2011 Heard learned counsel for the petitioner and the State. 2. By filing this writ petition, petitioner has challenged the reasoned order bearing Memo No. 2577 dated 30.12.2006, Annexure-8/C by which his request for granting him seniority with effect from 2 the due date has been rejected on the ground that he was transferred to the South Bihar Circle, Patna at his own request and in paragraph 3 of the transfer order transferring the petitioner, it was clearly stipulated that his seniority in the transferred circle shall be reckoned on the basis of the date of joining in the said circle. 3. By filing supplementary affidavit, petitioner has placed on record the office order, bearing Memo No. 2142(b) dated 12.10.2007, Annexure-9 whereunder services of the petitioner has been reverted back to the Building Circle, Ara with further direction to the Superintending Engineer, Building Circle, Ara to take appropriate decision in the matter in regard to grant of seniority to the petitioner from the due date so as to enable the Chief Engineer, South to file appropriate counter affidavit in this writ petition. 4. It is submitted on behalf of the petitioner that in compliance of the order dated 12.10.2007, he is serving in the Building Circle, Ara but till date he has not been granted seniority with effect from the 3 due date as also consequential benefits i.e. promotion. 5. This writ petition remained pending in the High Court for over four years. Supplementary affidavit placing on record the office order dated 12.10.2007, Annexure-9 was also served on the counsel for the State on 25.2.2008, but till date counter affidavit has not been filed in the matter. 6. In the circumstances, this Court directs the Superintending Engineer, Building Circle, Ara to grant the petitioner due seniority in accordance with law and on that basis consider his case for promotion also in accordance with law in compliance of the direction made by the Chief Engineer, South contained in office order dated 12.10.2007, Annexure-9 as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the Superintending Engineer, Building Circle, Ara. 7. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)