IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.72 of 2007 PANNA LAL UPADHYAY & ANR Versus BIHAR SCHOOL EXAM.BOARD & ORS ----------- 4. 30.9.2008 None appears on behalf of the petitioners. Heard Mr. Manish Kumar for the respondents .The two petitioners, namely, Panna Lal Upadhyay and Ramsagar Singh, have preferred this writ petition to issue the seniority list of Assistant Grade III, appointed by office order dated 2.12.1968, as contained in Annexure-1, after determining the seniority on the basis of their respective date of birth. The petitioners alongwith a large number of persons were appointed as Seasonal Assistants by the respondent Bihar School Examination Board in the year 1965. 89 such persons were regularized by the office order dated 2.12.1968 (Annexure-1). Petitioner no.1 was promoted as Section Officer by order dated 6.11.1999 (Annexure-2). Petitioner no.2 was so promoted as Section Officer by order dated 15.1.1999. Petitioner no.1 superannuated with effect from 31.8.2000, and petitioner no.2 superannuated with effect from 21.3.2002. The present writ petition has been preferred for a direction to re-arrange their seniority in accordance with the date of birth with consequential benefits. The respondents have placed on record their counter affidavit and opposed the writ petition. We have perused the materials on record and considered the submissions of learned counsel for the respondents. The issue 2 was raised by the petitioners while they were in service and was decided by the respondent-Board by its resolution dated 24.8.1999 (Annexure-D/1), wherein it was stated that the seniority list is really on the basis of dates of birth. In that view of the matter, the entire efforts of the petitioners ever since then is futile and has been harassing to the Board as well as this Court. There is indeed no cause of action for the present writ petitioners because the basis on which they desire the gradation list to be prepared was already granted by the said resolution of the Board of 24.8.1999 (Annexure(D/1) . Petitioner no.1 superannuated with effect from 31.8.2000, petitioner no.2 superannuated with effect from 21.3.2002, and the present writ petition was lodged in this Court on 4.1.2007. No explanation has been offered to explain the delay. Furthermore as many as 89 persons including the two petitioners were regularized by the order dated 6.11.1999 (Annexure-1). None of other 87 persons have impleaded as party respondents. It is, therefore, an extremely frivolous application burdening this Court with a most unwanted matter. It is dismissed with costs quantified at Rs.10,000/- each which shall be deducted from their pension in four instalments. Vinay/ ( S. K. Katriar , J.)