IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3832 of 2007 Kapildeo Shukla son of Late Madhu Shukla, village Maruabag, P.O. Mehsi, P.S. Mehsi, District East Champaran at Motihari … … Petitioner Versus 1. The State Of Bihar through the Commissioner and Secretary, Human Resources Development Department, Vikas Bhawan, Patna 2. Commissioner and Secretary, Human Resources Development Department, Vikas Bhawan, Patna 3. Director, Primary Education, Bihar, Vikas Bhawan, Patna 4. Regional Deputy Director of Education, Tirhut Division, Muzaffarpur … …. Respondents ---------------------------------- 02/ 26.09.2011 Heard learned counsel for the petitioner and the State, who has filed counter affidavit duly affirmed by the Regional Deputy Director of Education, Tirhut Division on 19.9.2011 without serving copy thereof in advance on the learned counsel for the petitioner. In the circumstances, averments made therein are not to be taken into consideration as learned counsel for the State is not ready to pay cost to the learned counsel for the petitioner for delayed service of the counter affidavit on the learned counsel for the petitioner. Petitioner superannuated while serving on the post of Block Education Extension Officer in the 2 Lower Division of the Bihar Subordinate Education Service with effect from 31.1.1995. He has filed this writ petition praying, inter alia, to direct the authorities of the State to consider his case for granting him seniority in the Bihar Subordinate Education Service from the year 1975 as was done in case of those who were brought to the Lower Division of the Bihar Subordinate Education Service in the first transaction. It is submitted on behalf of the petitioner that his aforesaid prayer was not being considered by the State- authorities as petitioner was not confirmed in the Lower Division of the Bihar Subordinate Education Service which confirmation has come to the petitioner and others under order bearing Memo No. 105 dated 21.1.2011 annexed along with the supplementary affidavit, copy whereof was served on the counsel for the State on 12.9.2011. Having heard counsel for the parties, petitioner is directed to represent before the Director, Primary Education, Bihar, Patna for granting him seniority and consequential benefit with effect from 3 the year 1975 annexing a copy of this order as also the order dated 21.1.2011, whereafter the Director, Primary Education shall pass appropriate order in the matter as early as possible in any case within two months from the date of receipt of the representation along with a copy of this order. In case, petitioner is allowed seniority from the earlier time, he be paid consequential benefit until the date of superannuation i.e. 31.1.1995 as also his pension be revised within the same time. Arjun/ ( V. N. Sinha, J.)