IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13040 of 2006 RAM BRIKSH PASWAN Versus FOOD CORPORATION OF INDIA &ORS ----------- 4 9.9.2008 Heard learned counsel for the parties. Petitioner is a Mandal (Handle) labour working under the respondents Food Corporation of India. According to him he entered into service way back in the year, 1986 at Katihar and has been transferred to other places. According to him when he joined at Gaya he had an opportunity to gain seniority and he had claimed to be promoted on the post of Mandal but the respondents ignoring his claim has promoted one Kishundeo Mahto on the same post whom the petitioner describes as his junior. In the counter affidavit the respondents have disputed the position. They have stated that Kishundeo Mahto was always senior to the petitioner and when a post fell vacant he was promoted to the post. There is no breach in this regard. Despite indulgence granted by the Court the petitioner has not been able to bring rule or regulation which governs such issue. In view of the denial of the statement which has been made with supporting evidence in this regard by the respondents, the petitioner’s claim that he was senior to Kishundeo Mahto seems to be misplaced piece of averment. The Court does find sufficiency of material to decide the issue. If the petitioner is so advised he can move before an appropriate court or tribunal. This writ application is dismissed. RPS (Ajay Kumar Tripathi, J.)