IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1727 of 2007 Akhilesh Kumar Chaudhary, son of Kamal Narayan Chaudhary, resident of village: Kansi, P.S. : Simari, District: Darbhanga, at present posted as Constable at Samastipur Police Line …. … Petitioner Versus 1. The State Of Bihar through the Secretary, Home Police Department, Govt. of Bihar, Old Secretariat, Patna 2. The Director-cum- Inspector General of Police, Government of Bihar, Old Secretariat, Patna 3. The Additional Director General of Police (Personnel), Government of Bihar, Old Secretariat, Patna 4. The Deputy Inspector General of Police, Darbhanga Range, Darbhanga 5. The Superintendent of Police, Madhubani 6. The Superintendent of Police, Samastipur …. ….. Respondents ---------------------------------- For the Petitioner :M/s Keshav Srivastava, Sr. Advocate & Dharmesh Kumar Srivastava, Advocate For the State :M/s Manoj Priyadarshi, S.C.-17 & Tej Pratap Singh, A.C. to S.C.-17 03/ 08.08.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order bearing Memo No. 943 dated 15.12.2003, Annexure- 16 whereunder his request to grant him seniority with effect from 13.2.1983 has been rejected observing that petitioner having been appointed as Constable under District Order No. 2046/97 bearing Memo No. 5173 dated 22.9.1997, Annexure-11 cannot claim seniority with effect from 13.2.1983. Such 2 observation/ finding is made in paragraph 3 of the impugned order dated 15.12.2003, Annexure-16. 3. It is submitted on behalf of the petitioner that petitioner appeared in the selection test for appointment on the post of Constable during the period between 5.1.1982- 10.1.1982 along with others and had become successful in the test but was not appointed, although others were appointed under appointment letter dated 13.2.1983. Raising the aforesaid grievance, petitioner requested the Respondents- authorities to consider his case for appointment as Constable but such request was rejected under letter dated 6.11.1995. Challenging the aforesaid letter dated 6.11.1995, petitioner filed C.W.J.C. No. 4586 of 1996, which was disposed of under orders dated 21.5.1997, Annexure-9 setting aside the order contained in letter dated 6.11.1995 directing the Superintendent of Police, Madhubani to provide the petitioner with the appointment letter within a period of one month from the date of receipt/ production of a copy of the order dated 21.5.1997, Annexure-9. In compliance of the order of the High 3 Court, appointment order vide District Order No. 2046/97 bearing Memo No. 5173 dated 22.9.1997, Annexure-11 was issued. It is submitted on behalf of the petitioner, with reference to the appointment order dated 22.9.1997, Annexure-11 that for the administrative delay caused in giving the petitioner appointment in the light of the result of the selection test held between 5.1.1982 – 10.1.1982, petitioner cannot be deprived of the seniority for the aforesaid period, as those who appeared in the selection test between 5.1.1982 – 10.1.1982 have been given seniority with effect from 13.2.1983. Petitioner was also appointed under appointment order dated 22.9.1997, Annexure-11 on the basis of his performance in the same selection test which was held between 5.1.1982 – 10.1.1982, as such, he should also be given same seniority which was given to others with effect from 13.2.1983. 4. I see substance in the submission of the counsel for the petitioner and, accordingly, set aside the impugned order dated 15.12.2003, Annexure-16 which was served on the petitioner on 25.4.2004 4 during the pendency of M.J.C. No. 2696 of 2003, which was disposed of on 28.3.2006 granting liberty to the petitioner to challenge the aforesaid order, whereafter the present writ petition was filed on 9.2.2007. 5. In the result, the impugned order dated 15.12.2003, Annexure-16 is set aside and the writ petition is allowed. Petitioner be granted seniority with effect from 13.2.1983, the date from which his other colleagues who appeared in the selection test between 5.1.1982 – 10.1.1982 have been allowed. Arjun/ ( V. N. Sinha, J.)