IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.932 of 2006 THE STATE OF BIHAR & ORS Versus SHAILENDRA KUMAR SINHA ----------- For the appellant: Mr. Rajesh Kumar Singh, Junior counsel to Additional Advocate General-II For the respondent : Mr. Gyanand Roy, Advocate ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 02nd September, 2008 We heard the counsel for the parties. 2. We do not intend to interfere with the impugned order, which only directs the concerned authority (Home Secretary, Government of Bihar, Patna) to consider the representation filed by the petitioner (respondent no.1-Shailendra Kumar, herein) and dispose of the same by a speaking order. 3. The counsel submits that the necessity of filing the appeal arose as the court in the order said that Rajendra Prasad has to be treated as junior to the petitioner in the gradation list and if that done, it may be inconsistent with the order passed by this court in the case of Rajendra Prasad. 4. Obviously, while deciding the representation, the concerned authority (Home Secretary, Government of Bihar, Patna) - 2 - shall take into consideration all relevant aspects, including the decision given in the writ petition being CWJC No. 2755 of 1989, Rajendra Prasad Vs. State of Bihar & others, and the gradation lists of the years 1983 and 1987. The apprehension of the appellants is taken care of by this classification. The time given by the single judge for completion of exercise is extended by us by a further period of three months. 5. LPA stands disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil