IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.411 of 2001 ARJUN TIWARI Versus THE STATE OF BIHAR & ORS ----------- 4. 27.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is before this Court seeking mandamus for consideration of his case for promotion to the post of Plant Protection Inspector or its equivalent post from the date when his juniors have been so promoted. Specific averments have been made in paragraph 13 that persons ineligible for promotion have been granted such promotion even while the case of the petitioner has not been considered. In this writ petition filed in the year 2001 the respondents filed a counter affidavit in the year 2002. Paragraph 4 of the same states that “whole matter of seniority, competency and promotion in this regard is under thorough examination of the Department in which the claim of the petitioner of the present writ petition also will automatically be considered which may take some time”. This Court therefore adjourned the matter on 8.5.2008 to enable the learned Counsel for the State to seek up-to-date instructions. A supplementary counter affidavit has been filed today. It seeks to take a lame excuse of the reorganisation of the State of Bihar to explain the inaction for six years. However, in view of the statements made at paragraph 6 thereof that a provisional gradation list has already been published on 7.2.2008 and that after receipt of objection process of finalization of the gradation list is going on, this Court considers it proper to dispose of this application with directions to finalise the gradation list within a maximum period of four months from the date of receipt and/or production of a copy of this order and simultaneously consider the case of the petitioner for promotion from the date that his juniors may have been promoted unless any corrective actions are taken by the respondents with regard to promotion already granted now found to be erroneous in view of the finalized gradation list. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)