IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2813 of 2003 LAKSHMAN KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2. 10.04.2009 Heard learned counsel for the petitioner and the State. No one appears on behalf of Respondents 5 & 6, the District Board Nagar Parishad, Arrah and Special Officer, Arrah Municipality. The relief sought is for a direction to the Respondents to appoint the petitioner on a Class III post in Arrah Municipality on the date his juniors have been appointed. Learned counsel for the petitioner submits that the juniors to the petitioner as also the petitioner came to this Court in CWJC No. 3897 of 1995. The writ petition was dismissed with certain observations. While the benefit has been granted to the juniors by appointment, the petitioner has been deprived of the same. This Court in CWJC No. 3897 of 1995 at paragraph 7 of the judgment has exhaustively noticed the procedure under the Rules to be followed for purposes of appointment. After noticing the same, the Court dismissed the writ application at paragraph 8. However, it observed that if there be vacancies the petitioners shall be given preference in view of their experience. It needs no emphasis that this preference and other things was given at a time when the recruitment was to commence otherwise in 2 accordance with Rules as noticed in paragraph 7 of the judgment. There is no pleading in the writ application that the procedure under the Rules described in paragraph 7 of the judgment has been followed while appointing the juniors. If juniors to the petitioner have been appointed illegally, no benefit can flow to the petitioner. The Court finds it difficult to grant any relief to the petitioner on his submission of equality in illegality. The Court directs the Municipality to proceed in accordance with law, whether it be the petitioner or whether it be the persons junior to him in which event consequential action may be called for. . The writ application stands disposed with the aforesaid observation. AKS/ (Navin Sinha, J.)