IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.114 of 2010 1. Krishna Mohan Singh S/O Late Khelawan Singh R/O Moh- Saristabad (Rajputana), P.O - Anishabad, P.S- Gardanibagh, Distt- Patna Versus 1. The State Of Bihar Through The Principal Secretary, Department Of Home (Special), Govt. Of Bihar, Patna 2. Director General Of Police, Home Guard, Bihar, Patna 3. Accountant General, Bihar, General 4. Inspector General Of Police, Personnel, Home Guard, Bihar, Patna ----------- For the Petitioner:- Mr. Ashish Giri, Adv. ---------- 8. 05.09.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by a denial of the senior selection grade to him in the rank of Deputy Commandant from which he has retired in 2004. Learned counsel for the petitioner submits that the respondents have given the senior selection grade to one Raj Gopal Prasad Singh who was his junior on 17.1.2006 with effect from 18.1.1995. Shree Singh has retired in 2000 itself. The respondents have wrongly assigned seniority to the petitioner below Raj Gopal Prasad Singh in a seniority list of 2004 which was provisional and never attained finality. The respondents have filed a counter affidavit enclosing as Annexure-A, a seniority list 2 dated 23.1.2004. The pleadings in the counter affidavit supporting the same at paragraph-3 states that the issue of seniority between the petitioner and Raj Gopal Prasad Singh attained finality by the publication of this final gradation list. Unfortunately, the respondents did not bother to read Annexure-A to the counter affidavit which in no uncertain terms states that it was a provisional seniority list inviting objections before finalization. There is no statement in the counter affidavit that after consideration of objections the same provisional seniority list attained finality. Any order at this stage for consideration of the case of the petitioner may or may not affect Shree Raj Gopal Prasad Singh. It would therefore have been necessary to implead him as party respondent as he has not been impleaded by the petitioner. Rather then doing that, once the stand of the respondents in their counter affidavit has been found to be a bundle of confusion when statements have been made contrary to what the document itself states, the Court considers it proper to remand the matter to respondent no. 4 to decide the issue of seniority between the petitioner and Shree Raj Gopal Prasad Singh including the date for grant of senior 3 selection grade to the petitioner based on such a decision. Needless to state that if respondent no. 4 finds that any decision to be taken by him is likely to affect Shree Raj Gopal Prasad Singh obviously he shall be obliged to issue notice to Shree Singh and the pass an appropriate order in accordance with law after due opportunity to him. It is expected that if respondents finds justification in the claim or in any part of the claim, necessary consequential orders shall be issued simultaneously. Let this order be complied with in the aforesaid manner within a maximum period of six months from the date of the receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)