IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13665 of 2003 RAM BIHARI SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: Mr. Janardan Singh, Adv. For the State : Mr. A. Amanullah, s.c.17, Adv. Mr. Arun Kumar Pd. A.C. to S.C. 17 of Criminal Law Amendment Act. Adv. 3/ 05/02/2010 I.A. No.617/05 has been filed for substituting the original petitioner stated to have been deceased during the pendency of the application on 10.11.2004 by his legal heirs detailed in the petition. Learned counsel for the State has no objection to the same. Since the relief sought may have financial implications for the family of the deceased, the I.A. is allowed. The petitioner was originally appointed in the department of Irrigation on 22.12.1965. He participated in a fresh examination and selection process for appointment in the department of Minor Irrigation and came to be appointed in that cadre on 18.4.1966. The two were different cadres and constitute different employments. That he may have been permitted by the department of Irrigation to appear at the selection process in the department of 2 Minor Irrigation while in the employment of the former and was relieved to join the latter shall bring in a continuity in his service for the purpose of other service benefits such as pension, gratuity, earned leave etc. Learned counsel for the State is correct in his submission that the moment the petitioner was born afresh in the cadre of Minor Irrigation dated 18.4.1966 his seniority has to be reckoned afresh in that department depending on the position in the gradation list which, in turn, would have been based on the merit list of the appointees. This Court upholds the objection on behalf of the State. To that extent there is no merit in the writ application. If the original deceased petitioner was granted any promotions in the department of Minor Irrigation considering that he was born in that cadre from 18.4.1966, and if the family of the deceased has a grievance that monetary benefits of the promotion have not been made available by the department of Minor Irrigation, let them so represent when it is expected that the respondents shall consider the same and the legitimate dues, if any, shall be paid to the family of the deceased within a maximum period of six 3 months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC/ ( Navin Sinha, J.)