IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4195 of 2002 Ram Ratan Singh son of Late Siya Sharan Singh resident of Mohalla Bahadurpur Housing Colony, P.S. Kankarbagh, District Patna Versus 1. The Patna Municipal Corporation through its Administrator 2. The Administrator of the Patna Municipal Corporation 3. The Dy. Adminstrator of the Patna Municipal Corporation 4. Health Officer of the Patna Municipal Corporation 5. Assistant Administrator of the Bakipur Anchal under the Patna Municipal Corporation 6. Assistant Administrator of the Nutan Rajdhani Anchal under the Patna Municipal Corporation 7. Assistant Administrator of the Patna City Anchal under the Patna Municipal Corporation 8. Chief Engineer of the Patna Municipal Corporation 9. Chief Account Officer of the Patna Municipal Corporation 10. Section officer of the Head Office of the Patna Municipal Corporation 11. Vigilance Officer of the Patna Municipal Corporation, all from 1 to 11 respondents have their office in the Head Office of the Patna Municipal Corporation situated at Budh Marg Patna-1, P.S. Kotwali, District Patna 12. Shri Kishori Mahto, Senetary Inspector, posted as Chief Senetary Inspector of N.C.C. in the Patna Municipal Corporation 13. Baliram Singh, Senetary Inspector posted in Ward no. 2/B of N.C.C. under the Patna Municipal Corporation. 14. Mani Mohan Gosh Senetary Inspector posted in Ward no. 24 of Patna City Anchal under the Patna Municipal Corporation 15. Umesh Kumar Senetary Inspector posted in Ward no. 14 of N.C.C. under the Patna Municipal Corporation 16. Shyam Bihari Sinha Senetary Inspector posted in Ward no. 11 of Bankipur Anchal under the Patna Municipal Corporation 17. Satish Kumar Lal, Senetary Inspector posted in Ward no. 29 of Patna City Anchal under the Patna Municipal Corporation 18. Mauleshwar Prasad Singh, Senetary Inspector posted in Ward no. 32 of Patna City Anchal under the Patna Municipal Corporation 19. Anul Hoda Senetary Inspector posted in Ward no. 31 of Patna City Anchal under the Patna Municipal Corporation 20. Ragiul Haque Senetary Inspector posted in Ward no. 36 of Patna City Anchal under the Patna Municipal Corporation, from Respondent no. 12 to 20 all through the Administrator of the Patna - 2 - Municipal Corporation situated in the Head office of Budh Marg, Patna-1, P.S. Kotwali, District Patna For the Petitioner :Dr. Harendra Nath Ojha, Advocate For the Respondent no.13 :M/s Devendra Kumar Sinha, Sr. Advocate & Arun Kumar, Advocate For the PMC :Mr. B.B. Kumar. Singh, Advocate 05/ 08.09.2010 Heard learned counsel for the petitioner, the Patna Municipal Corporation (hereinafter referred to as the PMC) and Respondent no.12. 2. This writ petition has been filed assailing the order of the Administrator of the PMC dated 15.12.2001, whereunder seniority list of Sanitary Supervisor and Inoculators has been published after merging the two cadres. 3. It is submitted on behalf of the petitioner that while publishing the joint seniority list of the two cadres, learned Administrator has not taken into account the higher salary which the petitioner was getting on 15.12.2001 and had he taken note of the higher salary which the petitioner was getting on 15.12.2001, the seniority list placing him at serial no. 12 may not have been issued, as it is submitted that on 15.12.2001 petitioner was paid higher salary than Kishori Mahto, Respondent no.12 who is placed at serial no. - 3 - 3 in the seniority list. 4. Having heard counsel for the parties, I am of the view that petitioner should agitate the aforesaid aspect of the matter before the Municipal Commissioner of the PMC, who should pass appropriate orders in accordance with law considering the higher pay status of petitioner and Kishori Mahto on 15.12.2001 after hearing both the petitioner and Kishori Mahto, Respondent no.12, as early as possible, in any case within three months from the date of receipt/ production of a copy of this order. 5. It goes without saying that while passing the order in compliance of this order, the Municipal Commissioner will also consider the pay status of Respondent no.12 in the light of the orders dated 15.6.2005, 2.7.2005, 8.7.2005 and 3.2.2010, Annexure-17. 6. The writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)