IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7867 of 2009 Dr.Chandrashekhar Kumar, son of Late Ram Swaroop Prasad, resident of Village+Post-Nadiami, Via-Biroul, District-Darbhanga. .........Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Health and Family Welfare Department, Government of Bihar, New Secretariat, Patna. 3. Principal Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna. 4. Deputy Secretary, Health and Family Welfare Department, Govt. of Bihar, Patna. ............ Respondents. ----------- 2/ 13.07.2009 Heard counsel for the petitioner and the State. Petitioner has two grievances, first grievance is that despite grant of Senior Selection Grade, vide Notification dated 25.3.1998, he has not been promoted corresponding to Senior Selection Grade. Second grievance is that he belongs to scheduled caste category but in the gradation list, being much senior to Medical Officers belonging to general category, his case should have been considered on merit at per with belonging to general category, in pursuance of letter issued by the Department of Personnel and Administrative Reforms, Government of Bihar dated 5th February, 2008 contained in letter no. 745. The respondents are simply ignoring the letter of the Personnel and Administrative Reforms whereby in the light of 85th constitutional amendment once a scheduled caste and scheduled tribe candidate is above in the seniority list his case of promotion will be considered in the general - 2 - category at par with the general category candidates. As stated in the writ application, petitioner has already filed his representation before the Health Secretary, Government of Bihar on 5.5.2009 bringing all these facts to his notice making a request to post him on a corresponding post to his seniority but till date no decision has been taken. This application is being disposed of directing Principal Secretary, Personnel and Administrative Reforms Department, Government of Bihar, respondent no. 3 and the Deputy Secretary, Health and Family Welfare Department, Government of Bihar, Patna respondent no. 4 to dispose of petitioner’s representation in the light of letter no. 745 dated 5th February, 2008 issued by the Department of Personnel and Administrative Reforms. The petitioner should be given all consequential benefits for which he is entitled. Considering his seniority and the selection grade which was allowed to him in the year 1998, order must be passed by the concerned respondent within four weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)