IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9461 of 2002 RAMA SHANKAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 3. 12.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner who was originally appointed as Literate Constable (Operator) in the Police Radio Organisation is aggrieved by erroneous fixation of his seniority subsequently on the post of Assistant Sub Inspector of Police and the consequent reversion to the post of Literate Constable even while his junior one Shakti Ranjan Nag has been given such promotion to the post of Assistant Sub Inspector of Police. A counter affidavit has been filed on beha lf of the respondents. Paragraph 35 of the same states that the matter was under consideration of the government regarding fixation of seniority and the promotion of the petitioner shall depend upon such final decision of the government. The petitioner is stated to have superannuated on 31.7.2008. Even though he did not get the fruits of the litigation during his service tenure this Cour5t considers it proper to direct that the respondents shall take final decision on the claim for promotion of the petitioner in accordance with law within a maximum period of five months from the date of receipt and/or production of a copy of this order. If the respondents be satisfied of validity of the claim of the petitioner they shall be required to promote him from the date that his junior may have been promoted. In the event of an order adverse to the petitioner, the respondents shall be required to pass a reasoned and speaking order within the same period. ]The writ application stands disposed. Snkumar/- (Navin Sinha,J.)