IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7210 of 1998 1. Arjun Thakur son of late Bachoo Thakur, resident of village Aurma, Police Station Magadh Medical College, Gaya, District Gaya 2. Din Dayal Prasad Yadav, son of Late Mushan Ram, resident of village Chiraiya Tarh, Police Station Rampur, District Gaya ……Petitioners Versus 1. The State Of Bihar through the Secretary to Government of Bihar, Department of Prisons and Correctional services, Patna 2. The Ispector General of Prisons, Department of Prisons and Correctional services, Government of Bihar, Patna 3. The Assistant Inspector General of Prisons, Government of Bihar, Patna 4. The Superintendent, Central Jail, Gaya 5. Kanhaiya Lal Jha son of Jagdish Jha, Head Warder, Divisional Jail, Daltonganj 6. Amrendra Kumar, son of Late Gajadhar Singh, Head Warder, central Jail, Gaya 7. Ashesh Nath Singh @ Asheshwar Nath Singh, son of Ramdeo Singh @ Rajdeo Singh, Head Warder, Divisional Jail, Aurangabad 8. Madhav Prasaad Singh, son of Pashupati Singh, Head Warder, Divisional Jail, Daltonganj 9. Rabindra Kumar Singh, son of late Ram Bahal Singh, Head Warder, Central Jail, Gaya 10. Hare Ram Prasad Yadav son of Narain Yadav, Head Warder, Sub Divisional Jail, Garhwa 11. Bachhu Prasad Singh son of late Ram Brikch Singh, Head Warder, Central Jail, Gaya 12. Dinesh Sharma, son of Tapeshwar Singh, Head Warder, Central Jail, Gaya 13. Rajendra Prasad Yadav, son of not known, Head Warder, Central Jail, Gaya 14. Suraj Singh, son of late Ram Lachchan Singh, Head Warder, Central Jail, Gaya 15. Ram Bachan Singh, son of Mosafir Singh, Head Warder, Central Jail, Gaya 16. Raj Kumar Yadav son of Santoshi Ram, Head Warder, Central Jail, Gaya 17. Jai Gopal Singh son of Bashisht Singh, Head Warder, Divisional Jail, Daltonganj 18. Bijay Prasad son of Nag Banshi Ram, Head Warder, Divisional Jail, Daltonganj 19. Ambikeshwardhar Dubey son of Narbadeshwar Dubey, Head Warder, Central Jail, Daltonganj 20. Sheo Muni Ram son of Pati Ram, Head Warder, Divisional Jail, Daltonganj 21. Rajendra Singh no.2 son of late Ambika Singh, 2 Head Warder, Divisional Jail, Nawadah 22. Kalika Prasad Singh son of late Jyoti Narain Singh, Head Warder, Central Jail Gaya 23. Radhey Shyam Singh son of Krishna Bhagwan Singh, Head Warder, Central Jail Gaya 24. Raj Kishore Prasad, son of Narain Yadav, Central Jail Gaya 25. Mahabir Singh son of late Jagdeo Singh, Central Jail Gaya 26. Dip Nath Bhoj son of late Kunwar Bhoj, Head Warder, Central Jail Gaya 27. Hira Singh son of Janki Singh, Head Warder, Divisional Jail, Daltonganj 28. Bharat Choudhary, son of Maldhani Ram, Head Warder, Sub Divisional Jail, Garhwa …….. Respondents ---------------------------------- 3- 15.12.2011 Nobody appears on behalf of the petitioners when the case is called out. Learned counsel for the State is present and submits that the writ petition is devoid of merit for the reason that the same had been filed against the order dated 1.8.98 by which Warders of Gaya Central Jail Circle have been promoted as Head Warders without considering the seniority and comparative merit of the Warders which, as per the averments made in the counter affidavit, was justified since the petitioners did not pass the requisite examination and were not efficient in drill and interview inspite of their being successful in S.L.C. In view of the aforesaid, this Court finds that the petitioners being bypassed in promotion cannot be faulted as the process for such promotion has been 3 adopted by holding written examination, drill and interview. 2. In that view of the matter, this Court does not find any merit in the writ application and the same accordingly stands dismissed. (Ahsanuddin Amanullah, J.) mrl