IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3854 of 1994 GOURI SHANKAR PRASAD, Establishment Deputy Collector, Gaya Collectoriate, Gaya … Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary, Personnel and Administrative Reforms Department, Bihar, Patna 3. Additional Secretary, Personnel and Administrative Reforms Department, Bihar, Patna 4. Bihar Public Service Commission, Bailey Road, Patna, through its Secretary … Respondents. ----------- 7. 6.8.2009 No one appears for the petitioner. The prayer in this writ application for a direction to consider the case of the petitioner for promotion in Junior Selection Grade of the post of Deputy Collector in preference to the persons figuring at Sl.No. 164 of the gradation list seems to be a ploy to unsettle the seniority which infact had stood settled betweens the parties way back in the year 1985 itself. It is not in doubt that the petitioner was appointed against a vacancy of non-joining candidate on the post of Deputy Collector on 31.7.1981 and having been confirmed as Deputy Collector since 6.1.1984 he was allocated seniority, Sl.No. 2321 of 1985. This seniority was never challenged by the petitioner but after ten years when promotion in Junior Selection Grade was considered, the petitioner seems 2 to have realized some anomaly in his aforesaid earlier fixation of seniority and the consequential denial of his promotion. Such grievance of the petitioner cannot be looked into after a long lapse of time as it is well settled that a long settled seniority cannot be reopened and unsettled. The petitioner having waived his right to such seniority cannot now agitate the matter specially when the persons likely to be adversely affected by such seniority have also been not implead as parties to this writ application. That being so, this application even otherwise does not have any merit and is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/