IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3727 of 2010 1. LAKSHMAN SHARMA S/O LATE PARMESHWARI PRASAD SINGH RESIDENT OF B-51, SACHIVALAYA COLONY, NEAR KENDRIYA VDYALAYA,P.O-LOHIYANAGAR,KANKARBAGH,PATNA,P.S.- KANKARBAGH,DISTRICT-PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS GOVERNEMENT OF BIHAR, PATNA 3. THE SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 4. THE SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 5. THE SECRETARY DEPARTMENT OF LABOUR,EMPLOYMENT & TRAINING (LABOUR PART),GOVERNEMNT OF BIHAR 6. THE ACCOUNTANT GENERAL (A&E) BIHAR, BIRCHAND PATEL PATH, PATNA. ----------- 2. 21.9.2010 Heard counsel for the petitioner and the State. I.A. No. 5027 of 2010 has been filed for substitution of the original petitioner deceased during the pendency of the case on 26.02.2010 by his wife. Considering that the relief sought may have financial implications for the family of the deceased, the I.A. application is allowed. Counter affidavit is stated to have been filed on behalf of the State on 20.09.2010. The same is not available on the record. Let the office trace it and place on record. Xerox copy placed during submission by counsel for the State is directed to be kept on record. The relief claimed is for promotion to the post of Section Officer on the ground that the juniors 2 had been promoted. The original petitioner is stated to have superannuated on 31.12.1995. The ground urged is that his name was wrongly mentioned in the gradation list dated 03.08.1992, which has prejudiced him in due consideration of his case. His name has been rectified only on 03.11.2009, by letter no. 5336. The petitioner as therefore been prejudiced by denial of appropriate consideration in time. The respondents in their counter affidavit state that no junior to the petitioner has been promoted before his superannuation on 31.12.1995. His juniors have been promoted thereafter with effect from 30.01.1996. It is apparent that no prejudice has been caused to the petitioner in view of the correction made on 03.11.2009, so as to found a fresh cause of action. The application is dismissed. P. Kumar ( Navin Sinha, J.)