IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5650 of 2005 Vijay Shankar Pandey, son of Late Jamuna Pandey, village Budhila, PS Nawanagar, District Buxar, at present deputed as Lecturer, Department of Sanskrit Sanghita Awam Maulik Sidhant, Got. Ayurvedic college, Patna – Petitioner. Vs. (1) The State of Bihar through the Secretary, Department of Medical Education, Family Welfare & Indigenous Medicine, Govt. of Bihar, Patna. (2) Addl. Secretary, Department of Medicine Education, Family Welfare & Indigenous Medicine, Bihar, Patna. (3) Dy. Secretary, Department of Medicine Education, Family Welfare & Indigenous Medicine, Bihar, Patna. (4) Director, Indigenous Medicine Department of Medical Education, Family Welfare and Indigenous Medicine, Bihar, Patna – Respondents. 7 28.2.2011 I.A. No. 3188/2006: This application has been filed for intervention in the present case. The interlocutory application is allowed. The case of the petitioner would be generally covered by the judgment in CWJC No. 4193 of 2005 on 23.2.2011. The petitioner is claiming that he should be promoted to the post of Reader from 6.2.2007 as he was appointed as a lecturer on 15.5.1997. In this case an interlocutory application has been filed on behalf of Dr. Basant Kumar Thakur who claims that he is senior to the petitioner. His case is that he was promoted as lecturer on 18.5.2005 although he was senior to the petitioner at the initial stage of being appointed as a Medical Officer. The claim of the petitioner is that there was a single post on the subject of Sanskrit Sanghita Awam Maulik Sidhant and by Annexure 5 he has been shown senior to the intervener respondent. Dr. Thakur was appointed as a lecturer in the subject of Diagnosis (Rog Vigyan). Therefore, he challenges the final 2 gradation list by which he has been shown junior to the petitioner. The Secretary, Department of Medicine Education, Family Welfare & Indigenous Medicine, Bihar, Patna is directed to consider the case of the petitioner for his promotion to the post of Reader as well as for promotion to the post of Professor in accordance with the Statutes and rules framed by the State Government. Respondent Secretary is also directed to consider whether the petitioner would be senior in the gradation list viz-a- viz Dr. Basant Kumar Thakur, intervenor. Both the parties are given liberty to file a representation before respondent Secretary of the Department within six weeks on receipt of a copy of this order who should dispose of the matter within six months thereafter. This writ petition is, thus, disposed of with the aforesaid directions. haque ( Sheema Ali Khan, J.)