IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8402 of 1997 DR.KEDAR PRASAD SINGH son of Late Satya Narayan Roy, resident of Mohalla Rajendra Nagar, P.S. Kadamkuan, Patna. Versus 431.THE STATE OF BIHAR 2.The Commissioner & Secretary to Govt. of Bihar, Health, Medical Education & F.W. Department, New Secretariat, Bihar, Patna. 3.The Addl. Commissioner & Special Secretary to Govt. of Bihar, Health, Medical Education & F.W. Dept. New Secretariat, Bihar, Patna. 4.The Under Secretary to Govt. of Bihar, Health Medical Education & F.W. Dept. New Secretariat, Bihar, Patna. 5.The Commissioner & Secretary to Govt. Finance Department, Old Secretariat, Bihar, Patna. ----------- 4 22.7.2010 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioner in this writ application reads as follows:- “That though in this application petitioner seeks leave to invoke the writ jurisdiction of this Hon’ble Court for issuance of an appropriate writ, order or direction directing the respondents to consider and grant promotion/ pay protection in super time scale (2-1/2%) with effect from 15.6.1977 with all consequential monetary benefit including pensionary benefit at the enhanced rate as a very junior doctor of the Health Cadre, namely, Dr. Akhauri Ramesh Chandra Sinha has been granted promotion in super time scale w.e.f. 15.6.1977 vide Health Department notification no.94 (4), dated 20.2.1997 at Annexure-8 and the respondents be further directed to shift back the date of promotion/ pay protection to the petitioner in junior selection grade (i.e. 20%) and senior selection grade (i.e. 12- 1/2%) to 15.6.1971 and 15.6.1974 respectively as has been done in case of Dr. Akhauri Ramesh Chandra sinha in terms of decision of the Apex Court on 2.1.1996 in Civil Appeal No.1578-79/96.” With regard to the aforementioned prayer the solitary ground sought to be pressed by the petitioner seems to be 2 comparing his case with that of the case of Dr. Akhauri Ramesh Chandra Sinha. The case of Dr. Akhauri Ramesh Chandra Sinha has been explained in paragraph 4 of the counter affidavit which reads as follows:- “That with regard to the statements made in paragraph no.1 of the writ petition under reply it is stated that the promotion of Dr. Akhauri Ramesh Chandra Sinha with effect from 15.6.1977 in the super time scale has been grante4d on the basis of seniority acquired due to him in Army Service as per order dated 2.1.1996 of the Hon’ble Supreme Court in Civil Appeal No.1578-1579/96 vide notification dated 20.2.1997 and not 20.2.1977 mentioned in the writ petition. The date of birth of the petitioner is 4.1.1929 and he has superannuated from service on 31.1.1987. The similarly situated other medical officers were granted super time scale after the date of retirement of the petitioner. That is why the name of the petitioner is included in appendix G of annexure-7 of the writ petition.” It would thus become clear that the seniority which was earlier shown by the Health Department with regard to Dr. Akhauri Ramesh Chandra Sinha was changed and in fact he was made senior to the petitioner and others by computation of service rendered by him in the Armed Forces (Indian Army) under the order of Apex Court. This being the special feature, neither DR. Akhauri Ramesh Chandra Sinha can be now made junior to the petitioner nor the petitioner can claim the same benefit which was given to Dr. Akhauri Ramesh Chandra Sinha under the order of Apex Court. Once this aspect becomes clear and there is also no other person cited by the petitioner in the writ application who being his junior was given such super time scale, the prayer made 3 by the petitioner in this application has to be held as wholly misconceived. That being so, this application is devoid of any merit and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)