IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8793 of 1995 RAJESHWAR PRASAD son of late Vishwanath Prasad, resident of village Areraj, Police Station Govindganj, District East Champaran (Bihar) at present working as Executive Engineer Public Health Engineering Department, Bihar. Versus 1. THE STATE OF BIHAR, through the Secretary, Public Health Engineering Department, Nirman Bhawan (Bishwasaraya Bhawan) Campus, Bailey Road, Patna. 2. The Special Secretary, Public Health Engineering Department, Government of Bihar, Nirman Bhawan Campus, Patna. 3. The Additional Secretary, Public Health Engineering Department, Government of Bihar, Nirman Bhawan Campus, Patna. 4. The Joint Secretary, Public Health Engineering Department, Government of Bihar, Nirman Bhawan Campus, Bailey Road, Patna. 5. Bhola Sahu son of not known to the petitioner, Incharge Superintending Engineer, Public Health Engineering Circle, Darbhanga. 6. Shiv Nandan Prasad Choudhary son of not known to the petitioner Executive Engineer (waiting for posting), C/o Engineer-in-Chief Cum Special Secretary, P.H.E.D, Bihar Vishweshwariya Bhawan Patna-15. 7. Devavrata Chatterjee, son of not known to the petitioner Executive Engineer, Office of Engineer-in-Chief Cum Special Secretary, P.H.E.D. Bihar, Visheshwariya Bhawan, Patna. 8. Udhav Ji son of not known to the petitioner, Incharge Superintending Engineer, P.H.E.D. Circle, Gaya. 9. N.P.N. Singh, son of not known to the petitioner, Executive Engineer, P.H.Division, Saraikela, District Chaibasa. 10. K.N.Gupta, son of not known to the petitioner, Executive Engineer, P.H. Division, Jamui, District Jamui. 11. A.N.P. Singh son of not known to the petitioner Executive Engineer, P.H. Division, Gaya. 12. K.Nath, son of not known to the petitioner, Executive Engineer, P.H. Division, Dalgaonganj. 13. S.A. Khan, son of not known to the petitioner, Executive Engineer, P.H. Division, Jehanabad. 14. N.C. Mishra son of Harish Chandra Mishra, Executive Engineer Vigilance Technical Cell, Bihar, Old Secretariat, Patna. 15. Madan Kumar son of not known to the petitioner, Executive Engineer, Monitoring, C/o Engineer-in-Chief Cum Special Secretary, P.H.E.D. Bihar, Visheshwariya Bhawan, Patna. 16. I.N. Jha, son of not known to the petitioner Executive Engineer, P.H. Division, District Sitamarhi. 17. Om Prakash son of not known to the petitioner, Executive Engineer, P.H. Division, District Garhwa. 18. B.K. Sinha, son of not known to the petitioner, Executive Engineer, P.H. Division, Biharsharif. 19. Murari Prasad son of Not known to the petitioner, Executive Engineer, P.H. Division, Hatia, District Ranchi. ----------- 2 17 05.10.2010 No one appears for the petitioner. Counsel for the respondents are present. The following prayer of the petitioner in this writ application:- “(i)To direct the respondents to provide the petitioner with seniority on the post of Assistant Engineer (Civil) with effect from 3.10.1974, i.e. the date on which the Bihar Public Service Commission (hereinafter to be referred to as „BPSC‟) had made the final selection and had sent the names to the Department in which the petitioner had been declared fit for the post of Assistant Engineer (Civil). (ii)To direct the respondents to declare the petitioner senior over the batch of Engineer Assistants who were subsequently declared fit to be appointed as Assistant Engineers (Civil) by the BPSC only on 17.2.1975, i.e. on account of a subsequent transaction. (iii)To direct the respondents to correct the final gradation list dated 27.7.1995 of the Assistant Engineer (Civil) accordingly on the basis of the datewise recommendation of the BPSC and also on the basis of the transaction for the year against the yearwise available vacancies as directed by the then Secretary, PHED, Sri Bhaskar Banerjee, on 7.10.1983.” as a matter of fact after his retirement has been rendered of academic importance specially when his prayer is confined to only revision of seniority. The petitioner infact has not challenged any order of promotion based on such seniority which could have still kept the issue of seniority alive and therefore after his retirement no useful purpose would be served by deciding his inter-se-seniority as against Respondent no. 5 to 19. That being so, this application has become infructuous and is dismissed accordingly. Abhay Kumar ( Mihir Kumar Jha, J.)