IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3174 of 2007 MARY MARGRET EMMANUEL, aged about 57 years, Wife of Yogesh Chandra Singh, resident of West Lohanipur, Near Railway Kathpul, P.O. + P.S. Kadam Kuan, Town and District – Patna. …. Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Health, Govt. of Bihar, Patna. 2. Director-in-chief, Health Services, Bihar, Patna. 3. Superintendent, Patna Medical College & Hospital, Patnad. 4. Savitri Agrahari, In-charge Principal, G.N.M. School, Patna Medical College & Hospital, Patna. 5. Gyanmai Chaudhary, Matron, Patna Medical College & Hospital, Patna. … Respondents. ----------- 02/ 14.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that petitioner is senior to both respondent nos. 4 and 5, yet they are wrongly being treated as senior to her and respondent no. 4 has wrongly been posted as In-charge Principal of School of Nursing, PMCH, Patna. He submits that petitioner has preferential claim to the said post of the Principal. He submits that the authorities are required to decide the inter se seniority between the petitioner and respondent nos. 4 and 5 finally and pass consequential orders in the light of the same. He submits that for this purpose petitioner will file representation before Director-in-chief, respondent no. 2 within one month from today, which may be disposed of by - 2 - the Director-in-chief within shortest possible time after giving due opportunity to respondent nos. 4 and 5 as the petitioner is scheduled to superannuate in December, 2009. Accordingly, this writ application is disposed of with liberty to the petitioner to file representation before Director-in-chief, respondent no. 2 within one month from today claiming her seniority over respondent nos. 4 and 5 and for consequential orders in the light of the same. In case the representation is filed within time aforesaid, respondent no. 2, Director-in-chief shall fix up a date for hearing in the matter and shall notice respondent nos. 4 and 5 to appear before him on the date fixed and after hearing the parties, shall finally determine the inter se seniority between the parties and shall pass consequential orders of posting of the incumbent, who is found to be senior and eligible in all respect for the post of Principal of the said school. He shall also pass orders for necessary correction in the gradation list, if necessary. As the petitioner is scheduled to superannuate in December, 2009, the Director-in-chief shall decide the matter and pass consequential orders within one month of filing of the representation by the petitioner. - 3 - It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner which has to be considered by respondent no. 2, Director-in-chief strictly in accordance with law. DKS/ (J. N. Singh, J.)