IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1446 of 1997 RAJNANDAN KUMAR SHYAMALA, S/O LATE SRI MOHAN PASWAN, R/O CHERIA BARIARPUR, P.S SHRIPUR, P.S CHERIA BARIARPUR, DISTRICT BEGUSARAI, AT PRESENT POSTED AS SENIOR ASSISTANT IN FOOD SUPPLY AND COMMERCE DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARAIT, BIHAR, PATNA. ...........PETITIONER. Versus 1.THE STATE OF BIHAR. 2.SECRETARY, PERSONNEL(PERSONNEL AND ADMINISTRATIVE REFORMS ), PATNA, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3.ADDITIONAL SECRETARY, PERSONNEL(PERSONNEL AND ADMINISTRATIVE REFORMS ) DEPARTMENT, PATNA, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 4.JOINT SECRETARY, PERSONNEL(PERSONNEL AND ADMINISTRATIVE REFORMS ) DEPARTMENT, PATNA, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. ...............RESPONDENTS. ----------- 06/ 11.05.2011 No one appears for the petitioner. Counsel for the State is present and would submit that the following prayer of the petitioner in this writ application:- 'That the petitioner by way of this application seeks issuance of appropriate writ or writs in the nature of mandamus commanding the respondents to promote the petitioner to the post of Sectional Officer in the Secretariate of the Govt. of Bihar with effect from 30th January 1996 on which three persons of his cadre junior to the petitioner and later on one hundred thirty three persons junior to the petitioner were promoted to the post of the Sectional Officer in open disregard of the General Seniority of the petitioner as well as the provisions of the concerned Rule and Act which guide the matter of promotion of the cadre of the petitioner.' has been fully answered by the respondents in their counter affidavit in paragraph no. 5 to 10 which reads as follows:- 'That the petitioner was appointed as an Assistant in the department of Food, commerce and Civil Supplies in the year 1984. After the amalgamation of the different caderes of assistants in different departments a combind 2 gradation list of assistants of the secretariat and its attached officer was prepared in which the petitioner was placed at serial no. 2275. The said Joint cadre of assistants came into existence w.e.f. 30.08.1988 under the provisions of Bihar Act 9 of 1989. That subsequent to the formation of the said joint cadre, the matter of promotion was taken up and the petitioner was promoted out of turn on the basis of the rules of reservation to junior selection grade. Then the petitioner was promoted to senior selection grade of assistants w.e.f. 14.08.1992. That the persons over whom the petitioners claims his seniority are Sri Rajendra Kumar Sinha, Sri Jyoti Nath Mathur and Sri Devendra Kumar Sinha. Of these persons, the names of Rajendra Kumar Sinha and Jyoti Nath Mathur does not find place in the order dated 30.01.1996(Annexure-1 of the writ petition). However, the name of Devendra Kumar Sinha is there at serail no. 88 of the aforesaid annexure. That it is relevant to mention here that Sri Devendra Kumar Sinha was appointed as Assistant in 1969 and was placed at serial no. 466 of the said joint gradation list. The date of promotion of Sri Devendra Kumar Sinha is 01.01.1993 and not 03.06.1993 as stated by the petitioner in Annexure-3/A of the writ application. That it is also relevant to State that at the time of promotion to the post of section officer from the said gradation list in 1996, the Sabarwal judgment was in operation and out of 861 posts of section officers, there were 136 section officer from scheduled caste were promoted on the basis of reservation whereas according to their quota of 14% reservation, only 121 posts were admissible to the scheduled castes. Thus, the Roaster for scheduled case category in the cadre of section officer had already been stopped and after that any member of the scheduled caste category would have promoted to the post of section officer by virtue of merit cum seniority only. That it is pertinent to mention here that the petitioner was placed at serial no. 2275 in the aforesaid gradation list, whereas, Sri Devendra Kumar Sinha was at serial no. 466 of the said gradation list.' Learned counsel for the State would point out that no person below the petitioner was promoted to the post of Sectional Officer and that since the petitioner's seniority in the Joint Gradation List in the cadre of Assistant was at serial no. 3 2275, he could not have assailed such promotion of others till his seniority position was changed. The combined seniority of the joint Cadre of the assistant gives seniority position to all the members of the cadre and therefore, if the same has been changed after drawing of a fresh seniority list, the petitioner may also approach the authorities for reconsideration of his case for promotion but if his interse seniority position at 2275 has literally been maintained in letter and spirit even in the subsequent gradation list drawn under the order of this Court/Apex Court, the petitioner would not be entitled for getting any promotion till his turn on the basis of his own seniority would mature. With the aforementioned observations, this application is disposed of. Ranjan (Mihir Kumar Jha, J)