IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16952 of 2010 1. The Bihar Judicial Services Association through Its President Namely Justice Bharat Prasad Prasad Sharma (Retd.) A/33, Ashray Pawan, Of Baily Road, P.S.Shastrinagar, Distt-Patna ........Petitioner Versus 1. The State Of Bihar through Chief Secretary Govt. Of Bihar, Patna 2. The High Court of Judicature at Patna through Registrar General Patna High Court, Patna 3. The Principal Secretary, Department Of Personnel and Administrative Reforms Govt. of Bihar, Patna ........Respondents ----------- For the petitioner: Mr. Kamal Nayan Chaubey, Sr. Advocate For the State: Mr. S.D. Sanjay, AAG- 12 Mr. R. R. Tiwari, AC to AAG-12 For the High Court: Mr. Amish Kr. Jha, Advocate ----------- 5 24-06-2011 Heard learned counsel for the petitioner- Association, learned counsel for the State and learned counsel for the High Court. The prayer of the petitioner- Association is for a direction to implement the directions of the Hon’ble Supreme Court in order dated 21-3-2002 passed in the case of R. K. Sabharwal and others vs the State of Punjab (1995) 3 S.C.C.145, to implement the roster point system and prepare the seniority/ gradation list of Additional District and Sessions Judges in accordance with law and to publish the same so that promotions may be made in accordance with roster point system. There is also a prayer to set aside the promotion given in violation 2 of roster point system. From the reply filed on behalf of the State and the High Court, it is clear that the rules framed by the High Court on the basis of Supreme Court judgement have been notified on 20-12-2005 and the rules provide for the implementation of roster point system as directed by the Supreme Court. It is not in dispute that the rules are not in challenge and the gradation list on the basis of existing rules is presently only at tentative stage to which objections have been invited. It is not possible to accept the prayer made in the writ petition and in the interlocutory application that there should not be any promotion unless the final gradation list is prepared. In fact the use of word promotion is not very appropriate because all the posts involved are in the category of Bihar Superior Judicial Service itself. It would not be appropriate to comment on the legality or otherwise of the tentative gradation list because the High Court has invited objections of the same and is yet to consider the objections and publish the 3 final gradation list. In that view of the matter, this writ petition is disposed of with an observation that efforts should be made by the concerned authorities to consider the objections and prepare the final gradation list in accordance with law at an early date, preferably, within six months. It goes without saying that if any individual officer is aggrieved by his placement in the final gradation list, he would be at liberty to challenge the final gradation list through appropriate proceeding in accordance with law. BKS/- (Shiva Kirti Singh, J.) (V. Nath, J.)