IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9336 of 1998 Dr.Ahsan Ahmad, son of late Syed Amin Ahmad, resident of Exhibition Road, P.S. Gandhi Maidan, District Patna … Petitioner Versus 1. The State Of Bihar 2. The Commissioner & Secretary to Govt., Health, Medical Education & F.W.Deptt. New Secretariat, Bihar, Patna 3. The Dy. Secretary to Govt., Health, Medical Education & F.W.Deptt., New Secretariat, Bihar, Patna 4. The Under Secretary to Govt., Health Medical Education & F.W.Deptt., New Secretariat, Bihar, Patna 5. The Commissioner & Secretary to Govt. Finance Department, Old Secretariat, Bihar, Patna 6. The Accountant General, Bihar, Birchand Patel Path, Patna … Respondents ---------------------------------- 5. 23.8.2011 No one appears for the petitioner. Counsel for the State is present. The petitioner’s prayer for a direction for his promotion in Super Time Scale of 2½% on the ground that a junior to him, namely, Dr. Akhauri Ramesh Chandra Sinha was given such a promotion has been explained in the counter affidavit, wherein it has been pointed out that Dr. Akhauri Ramesh Chandra Sinha was a Military personnel, who was later on inducted in the service of Government of Bihar and his seniority initially having been decided by the Department and this Court below the petitioner and other doctors regularly appointed by the State of Bihar, was ultimately decided by the Apex Court giving him benefit of the past service of Military service and as such, Dr. Akhauri Ramesh Chandra Sinha became senior to the petitioner and others. The fact relating to grant of seniority to Dr. Akhauri Ramesh Chandra Sinha in view of the order of the Apex Court in 2 Civil Appeal No. 1578-1579 of 1996 being an admitted fact, the petitioner cannot claim his promotion in Super Time Scale by claiming himself to be senior to Dr. Akhauri Ramesh Chandra Sinha. That being so, this application has no merit and is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/