IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.794 of 2010 1. DR. ARVIND KUMAR S/O LATE SHIVNATH PRASAD R/O MOH- RAMBAGH, P.S. MITHANPURA, DISTT. MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY 2. PRINCIPAL SECRETARY HEALTH & FAMILY WELFARE, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA 3. PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA 4. DEPUTY SECRETARY HEALTH & FAMILY WELFARE, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA ----------- 2 23.4.2010 Heard counsel for the petitioner and the State. Petitioner is presently posted as Deputy Superintendent, Pilgrim Hospital, Gaya. His grievance is that persons, whose names figure below the petitioner in the seniority list and was much junior to him, have been promoted to the post of Civil Surgeon-cum-Chief Medical Officer and Additional Chief Medical Officer but he is not being given promotion by the respondents. Petitioner belongs to Scheduled Caste category and his position in the gradation list is much above to other Medical Officers belonging to general category. It has been submitted by the petitioner’s counsel that in pursuance to the 85th Constitutional Amendment Act, 2001, the Personnel and Administrative Reforms Department has issued letter No.745 dated 2 5.2.2008. In terms of this letter, the Government servants belonging to SC/ST category on their promotion by virtue of Rules of reservation/roaster will be entitled consequential seniority. However benefit of 85th Constitutional Amendment as well as the letter No. 735 dated 5.2.2008 is not being allowed to the petitioner. In the similar situation, this Court has decided the case of Dr. Chandrashekhar Kumar in CWJC No. 7867 of 2009. The prayer of the petitioner is also being allowed in terms of the letter issued by the Personnel and Administrative Reforms Department in pursuance of 85th Constitutional Amendment Act, 2001 and also in the light of order passed in CWJC No. 7867 of 2001, the Principal Secretary and Administrative Reforms Department, Govt. of Bihar and Deputy Secretary, Health and Family Welfare Department, Government of Bihar, Patna are directed to consider the pending representation of the petitioner (Annexure-3), in the light of letter no. 745 dated 5th February, 2008 issued by the Department of Personnel and Administrative Reforms. The petitioner is given liberty to file fresh representation 3 in case the earlier representation is not traceable. The respondents are directed to give the petitioner benefit of his seniority and allow him promotion with effect from the date, juniors to the petitioner have been allowed. (Mridula Mishra,J.) A.Kumar