IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14344 of 2005 NATHUNI KAMATI S/O LATE BAHUR KAMTI, R/O VILL- PAHI PS- SARISO-PAHI DISTT- MADHUBANI AT PRESENT WORKING AS BRIVER IN AGRICULTURAL DIRECTORATE,VIKAS BHAWAN,NEW SECRETARIAT,PATNA ------------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECY., GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER & SECY. HOME (SPECIAL) DEPARTMENT. GOVT. OF BIHAR, PATNA 3. THE SECY. PERSONNEL & ADMINISTRATIE REFORMS DEPATT. GOVT. OF BIHAR, PATNA 4. THE AGRICULTURE PRODUCTION COMMISSIONER, AGRICULTURE DEPATT. GOVT. OF BIHAR, PATNA 5. THE DIRECTOR, AGRICULTURE, AGRICULTURE DIRECTORATE, BIHAR, VIKAS BHAWAN, PATNA 6. THE CHAIRMAN, BIHAR STATE ADVISORY COMMITTEE,IRRIGATION BUILDING BAILEY ROAD,PATNA------- ----------------------------RESPONDENTS ----------- 2 21.9.2010 Heard learned counsel for the parties. Annexure-1 has been passed by erstwhile Chairman of the State Advisory Committee on the basis of the direction of the Court passed in CWJC No. 6771 of 2005. The claim of the petitioner has been crystallized in paragraph-6 of the said decision and the request of the petitioner against the allocation of Jharkhand cadre was rejected. The date of annexure-1 is 16.9.2005. Petitioner challenged this order and has now brought on record annexure-10 which is the seniority list of various drivers working in the department fixed by the Director of Agriculture, Government of Bihar. The date of this annexure is 22nd September, 2005. Whatever be the seniority position of the petitioner in terms of annexure-10 but when annexure-1 was passed this fact was not before the Chairman of the State Advisory Committee. To that extent annexure-1 cannot be said to be erroneous. A - 2 - subsequent event will not make the earlier order to be illegal or erroneous in any manner since this fact had only crystallized later on. This Court in the stated circumstance does not want to interfere with annexure-1. However, keeping in view of the seniority position of the petitioner contained in annexure-10 as well as the so called circular issued by the State of Bihar Home (Special) Department dated 29th June, 2010 coupled with the fact that the period fixed in the said circular has expired, as the writ was pending, if the petitioner makes an application with a copy of this order within a week from today, despite the dead line fixed by the said circular, the respondent will be well advised to consider the representation of the petitioner and pass an appropriate order taking into consideration annexure-10. This writ application is disposed of with the above direction/observation. RPS (Ajay Kumar Tripathi, J.)