IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2013 of 2009 UMA SHANKAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 10.2.2009 Heard counsel for the petitioner and the counsel for the State. A grievance of the nature which has been sought to be raised in this writ application by the petitioner pertaining to correctness of a final gradation list cannot be gone into in absence of the persons who may be affected on account of challenge thrown by the petitioner. The place of the petitioner in such gradation list has been fixed at Sr.No. 370 whereas he claims that his name ought to have been shown at Sr.No. 239. For this purpose the petitioner was required to implead the persons at Serial no. 240 to 369 as the respondents to the writ application and the writ application is fit to be dismissed on the ground of non- joinder of party Counsel for the petitioner would, however, submit that he has only couple of months to go before his retirement and he was only interested of getting certain benefit which according to him was 2 admissible under the ACP Scheme of the government. Counsel for the petitioner however concedes that the seniority position will have to be looked into even for granting him ACP and unless the senior to him are granted such ACP as per the gradation list in question he cannot be given the same and therefore, he had filed this writ application for both the reliefs, namely, to correct this gradation list and also be given consequential benefit of promotion. This aspect of the matter in the first instance can be better looked into by the head of the Department, namely, the Secretary. The petitioner is also said to have filed certain representation before the Government which is pending consideration. In that view of the matter, the petitioner should file a compact representation laying down his claim alongwith any documentary evidence and in the event such a claim is led by the petitioner, the same must receive attention of the authorities of the department, who may in the light of the facts mentioned in 3 the representation as also the relevant Government records/ decisions pass a final order deciding the claim of the petitioner within a period of six months from the date of receipt/ production of a copy of this order. Let it be noted that this Court has not expressed any opinion on the merits of the claim and therefore it will always be open for the Secretary to the Government in Water Resources Department to pass an appropriate order in accordance with law within the aforementioned time limit. This application is accordingly disposed of. (Mihir Kumar Jha,J.) Surendra/