IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3375 of 2005 JAY PRAKASH NARAIN SINGH Versus THE STATE OF BIHAR & ORS ----------- 6. 15.07.2008 Heard learned counsel for the petitioner and the State. The petitioner originally came aggrieved with the appointment of another on the post of Section Officer (Accounts) asserting that he was the seniormost Assistant and, therefore, should have been assigned the aforesaid duties. The original appointee was initially brought as a stop gap arrangement but came to be confirmed on the post. However, he subsequently superannuated. The show cause filed on behalf of the Vice Chancellor, Magadh University on 20.5.2008 states in paragraph 9 that the aforesaid Tanik Prasad Singh was not eligible to be assigned the duties of Section Officer (Accounts) and that a mistake has occurred in assigning him the duties as such since he was Typist. However, the earlier counter affidavit on behalf of the University suggests at paragraph 8 that there was one Vijay Rabidas appointed prior to the petitioner who had been ignored by the Promotion Committee. The petitioner disputes the correctness of the same. The show cause on behalf of the Vice Chancellor as noticed above states at paragraph 13 that the College in question has been directed to finalize the gradation list of the employees of the College and forward the same to the University to decide the eligibility of the seniormost person to be promoted to the post of Section Officer - 2 - (Accounts). In that view of the matter, the only appropriate order to be passed at this stage is to direct the University and the College in question to finalize the gradation list within a maximum period of two months. Thereafter, within a period of four weeks the seniormost person in the gradation list shall be appointed as Section Officer (Accounts) in accordance with law. In the event that the claim of the petitioner has substance, this Court directs that he must be given retrospective benefit of the same along with all consequential benefits. This writ application is disposed off. AkS/ (Navin Sinha, J.)