IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12035 of 2009 BRIJ BIHARI TIWARY, SON OF LATE RAMASHISH TIWARY, RESIDENT OF MOHALLA AVANTIKA ROAD, SADAR BAZAR JAMALPUR, P.S. JAMALPUR, DISTRICT MUNGER----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 2. THE PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 3. THE DEPUTY SECRETARY, PERSONNEL AND ADMINISTRATIVE DEPARTMENT, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 4. THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 5. THE JOINT SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 6. MR. SHASHI KANT TIWARY SON OF NAME NOT KNOWN TO THE PETITIONER, ADDITIONAL MUNICIPAL COMMISSIONER, BHAGALPUR, MUNICIPAL CORPORATION, BHAGALPUR. 7. MR. UPENDRA NARAYAN SINGH SON OF NAME NOT KNOWN TO THE PETITIONER THROUGH THE DEPUTY SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 8. THE DISTRICT MAGISTRATE, BHAGALPUR----RESPONDENTS. ----------- 02. 14.09.2009 Learned counsel for the petitioner has filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the petitioner and the State. 3. Petitioner and private respondent no.7 were recruited in the service pursuant to 27th Combined Competitive Examination. In the recommendation of the Bihar Public Service Commission petitioner stood above private respondent no.7. Private respondent no.6 was inducted in the service pursuant to 29th Combined Competitive Examination. 4. It is submitted on behalf of the petitioner that on account of delayed receipt of confidential character roll his promotion vide notification dated 27.4.2002, Annexure-1 on the post of Sub- Divisional Officer is from the date of the notification. In the gradation list of the officers of the Bihar Administrative Service as on 1.4.2008 - 2 - he has been shown senior to both the private respondents, although his representation for grant of promotion in the rank of Sub-Divisional Officer from the due date i.e. 16.1.1997, on which date private respondent no.7 has been allowed such promotion, has not yet been considered. Later private respondents were considered for grant of promotion in the rank of Additional District Magistrate and were allowed such promotion but the case of the petitioner could not be considered for such promotion again for non-receipt of the character roll, however, after receipt of the character roll petitioner has also been allowed such promotion with effect from 18.11.2008, Annexure- 1/1 i.e. after grant of such promotion to private respondents. For correcting the gradation list in the light of the promotion allowed to the petitioner under notification dated 18.11.2008, Annexure1/1, he has represented before the authorities of the Personnel and Administrative Reforms Department under representation dated 22.7.2009, Annexure-9, which is still kept pending, in the meanwhile petitioner, however, has been posted as Additional Municipal Commissioner under respondent no.6, who has, although, remained junior to the petitioner in the light of the gradation list dated 1.4.2008 but has stolen a march over him on account of failure of the authorities to consider the case of the petitioner for promotion in the rank of Additional District Magistrate along with the private respondent nos. 6 and 7 with effect from the due date. It was the duty to the departmental promotion committee to consider the character roll of all the officers, who were within the zone of consideration and for - 3 - such failure of the authorities not to update the CCR of the petitioner, he should not be humiliated to work under private respondent no.6. Highlighting the aforesaid fact petitioner has also filed representation dated 26.8.2009, Annexure-6. 5. Having heard counsel for the parties, I direct the authorities of the Personnel and Administrative Reforms Department to first consider the representation dated 22.7.2009, Annexure-9 and thereafter representation dated 26.8.2009, Annexure-6 in accordance with law as early as possible, in any case within one month from the date of receipt/production of a copy of this order in the light of the Circular of the State Government bearing No. 15784 dated 26.8.1972, which inter alia provides that on earning promotion, the seniority of the basic grade should be maintained in the promoted grade as well. Until the disposal of the two representation of the petitioner, Annexures-9 and 6, the authorities may consider to post the petitioner at some other place in the town of Bhagalpur itself, where he does not have to serve under a colleague, who has admittedly remained junior in the basic grade as also in the grade of sub Divisional Officer. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)