IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11779 of 1999 1 (a) Gopal Govind Mishra, son of late Rajendra Pd. Mishra, resident of C-91, Police Colony, Anishabad, Patna -2. 1(b) Kundan Kr. Mishra, son of late Rajendra Pd. Mishra, resident of Plot No.403, Link Apartment, I.P. Extension, New Delhi. ------ Petitioners. Versus 1. The State of Bihar. 2. The Home Commissioner, Government of Bihar, Old Secretariat, Patna. 3. The Director General-cum-Inspector General of Police, Bihar, Old Secretariat, Patna. 4. The Inspector General of Police (Administration), Old Secretariat, Patna. 5. The Inspector General of Police, Special Branch, Bihar, Old Secretariat, Patna. 6. The Additional Director General-cum-Inspector General of Police, Department of Cabinet (Vigilance) Department, Investigation Bureau-6, Kautilya Marg, Patna. 7. The Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna --- Respondents. ------ 13. 21.7.2011 Heard Mr. Ram Krishna Singh for the petitioner, and Mr. Roy Shivaji Nath, learned Additional Advocate General No.3. Before we proceed further, we would like to notice the order dated 1.3.2011, passed on this writ petition, whereby the original petitioner (Rajendra Pd. Mishra) died during the pendency of the present proceedings, and was substituted by his heirs and legal representatives. We shall describe Rajendra Prasad Mishra as “the former employee”. The former employee preferred this writ petition 2 for a direction to the respondent authorities to promote him to the post of Dy. S.P. in the Bihar Police Force with effect from June 1994, the date on which person junior to him in the same cadre was promoted. 2. A brief statement of facts essential for the disposal of this writ petition may be indicated. The former employee had joined the Bihar Police Force as Sub-Inspector way back in 1969. He was confirmed in the year 1972. He was given officiating promotion to the next higher post of Inspector on 16.11.1981. He was, however, given substantive promotion on the post of Inspector of Police in 1988. He was promoted to the next higher post of Dy. S.P. in the year 1999. The former employee superannuated from the services of the Bihar Government on 31.1.2004, while he was posted as Dy. S.P. He preferred the present writ petition for the direction that he should be promoted to the post of Dy. S.P. from June 1994, the date on which Ramashray Singh, a similarly circumstanced Inspector but junior to him, was promoted from that date. 3. We have perused the materials on record and considered the submissions of the learned counsel for the parties. Learned counsel for the petitioner seeks to establish 3 his seniority over Ramashray Prasad Singh on the basis of a list of employees of 26.4.1999 (Annexure-4), wherein the former employee figures at sl.no.49, and Ramashray Prasad Singh figures at sl.no.76. A closer look of this document shows that it was not a combined seniority list of the cadre of Inspectors of Bihar Police, but was an order of transfer which was printed, not in accordance with their seniority in the combined seniority list. The combined seniority list is Annexure-A to the supplementary counter affidavit of the respondent authorities. On a perusal of the same, it is evident that Ramashray Singh is at sl.no.186, and the former employee is at sl. no. 190. This position completely demolishes the former employee’s case of being senior to Ramashray Singh. The correct position is that Ramashray Singh was senior to the former employee and was, therefore, rightly promoted earlier than the former employee. There is no merit in this writ petition. The writ petition is accordingly dismissed. Vinay/ ( S. K. Katriar,J. ) ( Vikash Jain, J.)