IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2743 of 2007 Shila Sinha, WIFE OF SRI VINOD KUMAR SINHA, RESIDENT OF USHARI, P.O.- HASANPUR, DISTRICT- SIWAN, PRESENTLY RESIDING AT NEW BASTI MAHADEWA, P.S. SIWAN TOWN, DISTRICT- SIWAN :---- PETITIONER. Versus 1.The State Of Bihar 2. THE COLLECTOR, SIWAN, P.S. & DISTRICT- SIWAN. 3. THE DEPUTY COLLECTOR (ESTABLISHMENT), SIWAN, P.S. & DISTRICT- SIWAN :---RESPONDENTS. ---------------------------------- 3. 05.09.2011. Heard learned counsel for the petitioner and the State. 2. This writ petition has been filed questioning the seniority granted to the petitioner under Memo No. 209 dated 23.10.2006, Annexure-5 issued by the Collector, Siwan on the ground that seniority should be assigned to the petitioner with effect from the date of his engagement as daily-wage worker. Under Memo No. 209 dated 23.10.2006, Annexure-5 petitioner and three others have been regularized on Class-III post in the scale of Rs. 3050-4590/- in the Collectorate and attached offices but the seniority has been granted to the petitioner and others with effect from the date of regularization. Such grant of 2 seniority is being assailed by filing the writ petition. 3. By filing counter affidavit the State-respondents themselves have stated that against the grant of seniority from the date of regularization petitioner has a remedy before the Divisional Commissioner, Saran at Chapra. 4. This writ petition is disposed of granting liberty to petitioner Shila Sinha to request the Divisional Commissioner for grant of seniority from the date of engagement. Such request be considered by the Divisional Commissioner in accordance with law within a reasonable time not exceeding three months from the date of receipt of the request. It goes without saying that this Court has not expressed its opinion in regard to the merits of the claim of the petitioner. P.K.P. (V.N.Sinha,J.)