IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2385 of 2007 Lalan Pd. Singh son of Late Chandradeep Singh resident of At and P.O. Chourahi, P.S. Haspura, Dist. Aurangabad …. …. Petitioner Versus 1. The State Of Bihar 2. The Commissioner-cum- Secretary, Department of Water Resources, Government of Bihar, Patna 3. The Engineer-in-Chief (North) Water Resources Department, Government of Bihar, Patna 4. The Under Secretary, Water Resources Department, Bihar, Patna … …. Respondents ---------------------------------- 02/ 25.08.2011 Heard learned counsel for the petitioner, Sri Anjani Kumar, AAG-10 for the State, who has prayed for time to file counter affidavit, but considering the fact that this writ petition was filed on 22.2.2007 after serving a copy thereof on the establishment of the Advocate General, but during the period of over four years, no counter affidavit has been filed, I am not inclined to grant any further time for filing the counter affidavit. 2. At the time of filing of this writ petition, petitioner served on the post of Junior Engineer (Mechanical) in the Water Resources Department of the State Government. He has 2 filed this writ petition praying, inter alia, to direct the State respondents to grant the petitioner seniority in the grade of Junior Engineer with effect from 1.1.1971, the date on which he was appointed as Overseer in the work charge establishment of Tenughat Dam Circle No.1, District Hazaribagh under office order bearing Memo No. 169 dated 23.1.1971, Annexure-1. In this connection, it is pointed out that services of the petitioner was regularized on the post of Junior Engineer Civil (Mechanical) in the Irrigation and Electricity Department of the State under office order bearing Memo No. 217 dated 24.1.1979,Annexure-3. 3. It is submitted on behalf of the petitioner that once the services of the petitioner and others was regularized on the post of Junior Engineer (Mechanical), they are required to be given seniority in the grade of Junior Engineer with effect from the date of their appointment in the work charge establishment. In this connection, it is also pointed out that two of the 3 junior colleagues of the petitioner, M/s Vijay Kishore Prasad and Kedar Nath Singh have been granted seniority in the grade of Junior Engineer (Mechanical) with effect from 19.3.1971, the date on which they were appointed in the work charge establishment on the post of Junior Engineer. Reference in this connection is made to the order bearing Memo No.6742 dated 3.5.1975, Annexure-2 to this petition. During the pendency of the writ petition, petitioner has superannuated in October, 2009. 4. Having heard counsel for the parties, in view of the facts noted above, I direct the State-respondents to consider the case of the petitioner for grant of seniority in the grade of Junior Engineer (Mechanical) with effect from 1.1.1971, the date on which he was appointed as Overseer in the work charge establishment of the Tenughat Dam Circle No.1. 5. Necessary consideration in compliance of my order be made by the Engineer-in-Chief of the Water Resources 4 Department as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the Engineer-in-Chief. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)