IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.869 of 1997 NANDESHWAR PRASAD, son of Shri Basudev Prasad Sah, resident of village Bidhupur Bazar, P.S. Bidhupur, District Vaishali … Petitioner Versus 1. THE STATE OF BIHAR through Secretary, Energy Department, Govt. of Bihar, Patna 2. Chief Electrical Engineer, Energy Department, Govt. of Bihar, Patna … Respondents ----------- 6. 11.5.2011 Having heard counsel for the parties and taking into account that the following relief prayed in this writ application: “I. It may be declared that no direct appointment be made from the candidates who have given interview on 15.1.1997 for the post of Assistant Electrical Engineer till the confirmation of the petitioner as Assistant Electrical Engineer. II. It may be declared that the petitioner is a confirmed Assistant Electrical Engineer. III. It may be declared that the petitioner, who is working as an Assistant Electrical Engineer since 1989 be confirmed and promoted as a permanent Assistant Electrical Engineer on a substantive post.” by turn of events and subsequent development have been rendered infructuous, this Court would give only this much liberty to the 2 petitioner to represent his case in continuation of his earlier representations, contained in Annexures 12 and 13 to the writ application, as with regard to his promotion on the post of Assistant Engineer from a date on which his juniors were given such promotion. It has to be, however, made it clear that the seniority for the purpose of promotion will not be reckoned from the date of confirmation but in fact only on the basis of substantive appointment and therefore, if the petitioner also still continues in service and stands superseded by anyone who was substantively appointed on the post of Junior Engineer the respondents will be under obligation to consider the grievance of the petitioner as highlighted in Annexures 12 and 13 to the writ application. Subject to the aforementioned observation and liberty this application is disposed of. (Mihir Kumar Jha,J.) Surendra/