IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7381 of 2002 MD.YUSUF Versus THE STATE OF BIHAR & ORS ----------- 3. 28.01.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. In this writ application, the petitioner in pursuance of a claim of appointment on 27.5.1968 concedes his promotion to the post of Upper Division Clerk on 1.4.1974, grant of first time bound promotion on 1.4.1981 and second time bound promotion on 27.5.1993. He is aggrieved by his perceived grievance of promotion to the post of Head Clerk to one Bindeshwar Rai and Gopal Prasad, whom he claims to be his juniors, while the same has been denied to him. The aforesaid two persons are necessary parties and have not been impleaded as party respondents. Learned counsel for the petitioner is also not in a position to inform the Court if the petitioner has superannuated,, if so when. No counter affidavit has been filed on behalf of the respondents till date. No useful purpose shall now be served by adjourning the matter for that purpose. Instead of dismissing the writ application for non-joinder of parties this Court considers it proper to simply dispose it off with a liberty to the petitioner to ventilate his grievance before the concerned respondents which shall not be treated as a mandamus of this Court but only an observation in lieu of non-maintainability of the writ application in absence of necessary parties. But, if the petitioner files a representation, the respondents are naturally obliged to consider and dispose off the same by a reasoned and speaking order preferably within a period three months from the date of receipt and/or presentation of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)