IN THE HIGH COURT OF JUDICATURE AT PATNA --------- Letters Patent Appeal No.1573 of 2010 ------- Appeal against the Judgment and Order dated 6-8-2010 passed by a Bench of this Court in C.W.J.C. No. 12746 of 2004. ------- Dr.Satyendra Kumar Jha S/o Late Upendra Nath Jha, resident of “ Shree Bhawan “ Kavi Raman Path, Boring Road, P.S. Budha Colony,District- Patna.....Appellant Versus 1. The State Of Bihar 2. The Secretary, Art, Culture and Youth Affairs Department, Government of Bihar, Patna. 3. The Joint Secretary, Art, Culture and Youth Affairs Department, Government of Bihar, Patna. 4. The Director, Directorate of Archaeology, Art, Culture and Youth Affairs Department, Government of Bihar, Patna. 5. The Director, Directorate of Museums, Art, Culture and Youth Affairs Department, Govt. of Bihar, Patna. 6. The Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 7. Dr. Kumar Anand, S/o Balram Lal, R/o Shivpuri, Beur Road, P.O. Anisabad, P.S. Anisabad, District- and Town- Patna.............................................Respondents -------- 3 9-12-2011 Heard learned counsel for the appellant and learned counsel for the State. The appellant was placed below the private respondent in the merit list prepared by the Bihar Rajya Awar Seva Chayan Parishad. The appellant claimed seniority on account of the fact that he was appointed and 2 posted in another Directorate of the Department a few days earlier to private respondent. The writ court has rightly held that the recruitment was available in one cadre and it was not a case of transfer from one service to another in which the respondent would have lost his seniority because subsequently he came under the same Directorate in which the appellant was initially posted. In our considered view, the seniority must follow merit list prepared by the Bihar Rajya Awar Seva Chayan Parishad which is in accordance with rules of 1972 governing determination of seniority. We find no merit in this appeal. It is accordingly dismissed. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)