IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7015 of 2006 Dr.Ajay Nand Pathak, son of Sri Vijay Nand Pathak, resident of Godda, P.O. & P.S. Godda, District Godda (Jharkhand State) … Petitioner Versus 1. The State Of Bihar 2. The Commissioner cum Secretary, Health and Family Welfare Department, Govt. of Bihar, Patna 3. The Joint Secretary, Health and Family Welfare Department, Govt. of Bihar, Patna … Respondents ---------------------------------- 5. 19.12.2011 No one appears for the petitioner. Counsel for the State is present. In this writ application the grievance of the petitioner, a Doctor and a Member of Bihar Health Service, is to confer him seniority from the date of his first appointment and thereby revise his seniority from 3879 to 3013 of the gradation list published by the Health Department on 17.6.2005. The respondents in their counter affidavit have explained that the petitioner’s fortuous adhoc appointment cannot count towards the seniority and in fact the petitioner’s services having been regularized only with effect from 1.4.1981 in terms of the recommendation of the Bihar Public Service Commission, he will be entitled to count his seniority only from 1.4.1981. It has been further explained therein that based on this principle and the date of 1.4.1981 his seniority position will be 3879 and not 3013. Counsel for the petitioner having been served such counter affidavit had been allowed adjournment on 24.6.2011 and 11.7.2011 but till date no rejoinder to the counter affidavit has been filed. That being so, once this Court would find that the 2 petitioner’s appointment on the post of Doctor in Bihar Health Service was regularized with effect from 1.4.1981 with the recommendation of the Commission, his seniority will definitely be reckoned from that date i.e. 1.4.1981. That being so, this application is wholly misconceived and is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/