IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11841 of 2011 Sunil Kumar Versus The State Of Bihar & Ors ---------------------------------- 2 22.9.2011 Petitioner is holding the substantive post of Superintending Engineer on the basis of promotion given to him on 7.1.2008. By virtue of this promotion he claims that he ranks senior to many other persons whose names figure in his representation filed before the Secretary, Road Construction Department, Government of Bihar, in terms of Annexure-8 dated 20.4.2011. As per his submission as well as some other documents it seems that petitioner has always ranked senior to some of those persons and, therefore, anything done by respondent now by virtue of the Notification dated 4.4.2011 would be contrary to law, if not, the actual state of affairs. No doubt the petitioner was granted promotion as Superintending Engineer on 7.1.2008 but a look at the merit list position of the petitioner would show another state of affairs. Be that as it may, since this Court is not willing to apply its mind on its merit because authority has to lay down the factual position as to the circumstances under which Annexure-7 has come to be notified indicating the name of the petitioner at serial no.30, it is best left to the concerned authority to lay down the factual matrix as to the actual state of affairs behind decision or the claim of the petitioner within a time frame. Writ petition is disposed of with direction upon 2 respondent no.1, the Secretary, to take decision on Annexure-8 of the writ petition within a period of three months from the date of receipt/production of a copy of this order. AnilKrSinha (Ajay Kumar Tripathi,J.)