IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15764 of 2010 Ram Kishun Paswan, son of Late Ishwar Chandra Paswan, Resident of village Gorhiyare, P.O. and P.S. Forbesganj, District Araria Versus 1. The State Of Bihar through the Principal Secretary, Panchayati Raj Department, Bihar Secretariat, Patna 2. The Director, Panchayati Raj Department, Bihar Secretariat, Patna 3. The District Magistrate, Araria 4. The Chairman, District Board, Araria 5. The Deputy Development Commissioner-cum- Chief Executive Officer, District Board, Araria 6. The Additional Chief Executive Officer, District Board, Araria 7. Sri Abdul Ansari, Orderly now promoted as Assistant, District Board, Araria For the Petitioner :Mr. Ashok Kumar Singh, Advocate For the State M/s Sunil Kumar Mandal, S.C.-15 & Dr. A. Shakoor, AC to S.C.15 For the Zila Parishad :Mr. Dinesh Maharaj, Advocate ----------- 02/ 21.09.2010 Heard learned counsel for the petitioner, the State and the Araria Zila Parishad. 2. Petitioner is aggrieved by the Resolution of the Zila Parishad dated 16.1.2010, Annexure-2, whereunder it has been resolved to promote Respondent no.7 on the post of Assistant in the Zila Parishad and in the light of the said Resolution necessary approval is being sought from the Director, Panchayati Raj Department under letter no. 473 dated 12.5.2010, Annexure-3. 3. It is submitted on behalf of the petitioner that the Resolution of the Zila Parishad to promote Respondent 2 no.7, as Assistant in the Zila Parishad has been made ignoring the seniority of the petitioner on Class IV post, as petitioner was appointed, as Class IV employee in the Zila Parishad on 29.6.1999 whereas Respondent no.7 was appointed on 14.8.2000 and had the seniority of the petitioner been considered, Resolution to promote Respondent no.7 may not have been taken. 4. Let the petitioner highlight the aforesaid aspect of the matter before the Director, Panchayati Raj Department where the promotion matter of Respondent no.7 is pending for approval. The Director, Panchayati Raj Department before granting approval to the Resolution of the Zila Parishad dated 16.1.2010 promoting Respondent no.7 as Assistant should seek a report from the Deputy Development Commissioner about the seniority and qualification of the petitioner and pass appropriate orders in accordance with law, as early as possible, in any case within three months from the date of receipt of the representation along with my order. 5. The writ application is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.) 3