IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13045 of 2005 DHRUB NARAIN DAS, son of late Shiv Nath Das, resident of Mohalla – Dewan, P S – Khajekala, District – Patna. Versus 1. THE STATE OF BIHAR. 2. The Engineer-in-Chief cum Special Secretary, Public Health Engineering Department, Nirman Bhawan, Patna. 3. The Joint Secretary, Public Health Engineering Department, Nirman Bhawan, Patna. 4. The Chief Engineer (Mechanical), Public Health Engineering Department, Bihar, Nirman Bhawan, Patna. 5. The Superintending Engineer, Public Health Engineering Department, Patna Circle, Patna, Rajbanshi Nagar, Patna. 6. The Executive Engineer, Department of Public Health Design and Planning, Division No.6, Vikash Bhawan, Patna. ----------- 3. 28.9.2010 The claim for grant of super time grade has been rejected by Annexure-12 & 12/1. This has been assailed by the petitioner in the present writ application on the ground that the reasoning given therein seems to be erroneous because in terms of earlier decision taken by the Superintending Engineer, which would be evident from Annexure-9 dated 2.7.1998, the petitioner was confirmed on the post of Junior Account Clerk w.e.f. 18.12.1974 but the respondents have treated his date of joining the department as the date of seniority which is 22.12.1979. Since no counter affidavit has been filed explaining the position in last five years, Annexure-12 and 12/1 are quashed. The matter is remanded back to the Superintending Engineer, respondent No.5, to look into the matter taking into consideration the notification contained in Annexure-9 and pass 2 a fresh order within a period of four months from the date of communication/production of a copy of this order. The writ application is disposed of accordingly. rkp ( Ajay Kumar Tripathi, J.)