IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.905 of 2006 THE STATE OF BIHAR & ORS Versus BRAJ KISHORE SINGH & ANR ----------- For the appellants: Mr. Mayank Rukhaiyal JC to GA – V For the respondents: None --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 2nd September, 2008 We heard the counsel for the appellant. 2. The single judge in the impugned order observed thus: “A similar matter pertaining to Virendra Pati Sharma was considered by this court in CWJC. No.1317 of 2004. This Court while considering the case of Virendra Pati Sharma took note of the observations of the Constitutional Bench of the Supreme Court in the case of District Recruit Class II Engineering Officers’ Association & Ors. vs. State of Maharashtra & Ors., (1990 (2) P.L.J.R. (SC) 23 = AIR 1990 SC 1607) wherein the Hon’ble Supreme court laid down that if the initial appointment is not made by following the procedure laid down by the rules but the appointee continues in the post uninterruptedly till the regularization of his service in accordance with the rules, the period of officiating service will be counted, for the purpose of seniority. In such circumstances, although the obligation to count seniority will accrue only after the petitioners were regularized and accordingly it would not be appropriate to say that the petitioners were not considered for promotion without any just reason but having regard to the fact that this regularization could be made before 30th July, 1981, as directed by this Court in C.W.J.C. No.1317/2004, I also direct the respondents to consider the case of the petitioners for promotion as Inspector of Police and to grant consequential benefits 2 including promotion, if any, with effect from the date their juniors have been given the same within a period of three months from today.” 3. Regard being had to all relevant aspects, we are satisfied that the impugned order does not call for any interference. 4. Letters patent appeal does not deserve to be admitted and is dismissed in limine. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-