IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1334 of 1997 RAM GOBIND RAI, S/O SRI GANPAT RAI, R/O VILLAGE LAGUNIA, P.S. PATORI, DISTRICT SAMASTIPUR AT PRESENT REGISTRARS IN THE OFFICE OF THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE. ................PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, MAIN SECRETARIATE, PATNA. 3. THE ADDITIONAL SECRETARY, GOVERNMENT OF BIHAR, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, MAIN SERETARIAT, PATNA. 4. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, MAIN SECRETARAITE, PATNA. ................RESPONDENTS. ----------- 05/ 11.05.2011 Having heard counsel for the parties and taking into account the solitary grievance of the petitioner as with regard to fixation of his seniority at serial no. 390 (Ka) in place at serial no. 454(Ka) in the gradation list dated 10.06.1996, cannot be gone into in this writ application in absence of any person impleaded as a party to this writ application whose name figure at serial no. 390 to 454. The petitioner has even not impleaded any of those persons in representative capacity who could be adversely affected by setting aside the gradation list dated 10.06.1996. The respondents have also filed their counter affidavit, wherein, in justification of their action it has been stated as follows:- 2 'That it is pertinent to mention here that the petitioner was placed at the serial no. 455 'Ka”in the gradation list of section officer in the joint cadre of assistant of the secretariat and its attached offices vide Annexure-1 of the writ application is fully in accordance with the provisions of Bihar Act 9 of 1989 as amended by Bihar Act 24 of 1993 and cadre rule namely Assistants of the secretariat and attached offices joint cadre rules 1992. 13. That it is pertinent to mention here that after the formation of the joint cadre of assistants, the Department of Personnel and administrative reforms, prepared the gradation list of section officer and on the basis of information received by the D.G.P office, the name of the petitioner was included in the seniority list of section officer at serial no. 479. But in later course, it was found that the order of promotion to the post of section officer was issued by the D.G.P. On 17.11.84, the petitioner's name in the joint gradation list was shifted to the serial no.454 'Ka'in the light of section 14(1) of the joint Cadre Rule 1992. 14. That it is pertinent to mention here that by virtue of Bihar Act 24 of 1993 a provision was added to section 3 of the Bihar Act 9 of 1989, which is deemed to have always been added, reads as follows:- “Provided that irrespective of the date of initiation of the process of appointment/promotion is necessary notification or orders was not issued on or before the 30th August, 1988, the same shall be deemed to have been lapsed and the promotion shall be given in accordance with the provisions of the Act and Rules made thereunder.” Under the provisions of aforesaid proviso no member of Assistants Joint Cadre can retrospectively be promoted with effect from a date prior to 30.08.88.' It would thus appear that the 3 petitioner's grievance as with regard to fixation of his seniority is actually squarely against the provisions made in the Rule 14 envisaging the concept of Joint Cadre and preparation of compound gradation list. The validity of these rules were challenged before this Court and the same was held to bad. Such judgment of this Court has also been affirmed by the Apex Court which however had directed for drawing out a fresh seniority list. Counsel for the petitioner is not aware as to fresh gradation list has been drawn or not or what is the position of the petitioner in that gradation list. In that view of the matter, this Court would give liberty to the petitioner to represent his case before the cadre Controlling Authority of the joint Cadre of Assistant who would look into the grievance of the petitioner if gradation list has already been published and finalized. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)