IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8364 of 2005 ANIL KUMAR SINHA Versus THE STATE OF BIHAR & ORS ----------- 5. 11.7.2008. Heard learned counsel for the petitioner, State and the counsel for the Bihar State Housing Board (hereinafter referred to as “the Board”) as also counsel for the private Respondent Nos. 6, 8, 9, and 10. 2. Petitioner is presently serving as a Junior Engineer with the Board and has filed this writ application asserting that ignoring his better claim, the Board and its functionaries have promoted the private respondents and others as Assistant Engineer under office order No. 1778 dated 18.5.2005, Annexure-1 with effect from the date indicated in the said office order which is illegal, arbitrary and violative of Article 14, 16 of the Constitution. 3. Counsel for the Board has opposed the prayer and has submitted with reference to the averments made in the counter affidavit that the promotion were granted on the basis of the seniority reckoned in the gradation list, which the petitioner has assailed by filing another writ petition i.e. C.W.J.C. No. 12649/96, as such, this Court should not interfere in the matter until the gradation list is set aside. 4. Having heard counsel for the parties, I am of the view that before assailing the office order dated 18.5.2005 promoting the private respondents and others as also the seniority position indicated in the gradation list on the basis of which impugned order has been - 2 - passed petitioner is required to assail the two documents, namely, the office order as also the gradation list before the authorities of the Board for which he should file appropriate representation before the Board along with a certified copy of this order and the representation should be considered in accordance with law after not only hearing the petitioner but also the private respondents and with these observations and directions this writ application is disposed of. Necessary order in the light of this order after hearing the parties be passed as early as possible, in any case, within a period of three months from the date of receipt of the representation. 5. Put up C.W.J.C. No. 12649 of 1996 for hearing after two weeks from today. Rajesh/ (V.N.Sinha,J.)