IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14915 of 2006 1. DHANANJAY KUMAR, son of Late Madan Mohan Nath, resident of Mohalla-C/o Late Madan Baboo, East Indira Nagar,Road No. 1 Lohia Nagar.P.S. Kadam Kuan District Patna 2. Dhirenda Kumar Singh, son of Late Bidhya Nanda Singh, resident of Village Chihut, PS Parsa Bazar,District Patna 3. Birendra Kumar Jaiswal, son of Late Kapildeo Prasad Jaiswal, resident of Rental Flat No. 55, Kankarbagh Colony, PS Kankarbagh, District patna 4. Rabindra Kumar, son of Late Manan Singh, resident of C/o Chitranmjan Prasad, rental Flat No. 381, PS Kankarbagh,District Patna Petitioners Versus THE STATE OF BIHAR & ORS . ----------- For the Petitioners : Mr Vinod Kumar Kanth,Sr.Advocate Mr. P.N.Pathak,Advocate For State Advisory Committee; Mr Sarvadeo Singh, C.G.C. For State of Bihar :Mr B.K.P.Sinha, GP 3 For State of Jharkhand : Mr Dhruba Mukherji,Advocate For Respondents 9 to 14 : Mr Khurshid Alam, Advocate For Respondents 15 to 16: Mr Kishor Kumar Thakur, Advocate ------ 9. 08.02.2010 Heard learned Counsels for the petitioners, for the State of Bihar, for the State of Jharkhand, for the State Advisory Committee and for private respondents 9 to 20. What was originally projected as a grievance with regard to allocation of cadres only consequent to the reorganization of the State of Bihar has now, in pursuance of certain subsequent developments which in turn appears to arise from certain orders of this Court with regard to a gradation list (CWJC No. 12471 of 2000), has turned out to be essentially a dispute with regard to seniority and the process for reckoning seniority, whether ad-hoc services will be counted for computing seniority upon confirmation, if so when and from what date. For that reason this Court is satisfied that petitioners 1 and 2 form a separate class from petitioners 3 and 4. The Court has arrived at this prima facie conclusion based on the admitted 2 fact that has emerged on the submissions made by the learned Counsels that prior to the appointed date of 15.11.2000 there did exist a final gradation list of 16.12.1996 in its partial inconclusive modification only as done on 6.2.1997. Petitioners 3 and 4 find place in this final gradation list prior to the appointed date while petitioners 1 and 2 have been appointed after the date of the aforesaid gradation list. In that view of the matter leave is sought on behalf of petitioners 1 and 2 to withdraw this application to adjudicate their grievances with regard to wrong placement in the fresh gradation list prepared during pendency of the writ application on 20.10.2006/7.12.2006 in pursuance of orders of this Court referred to above (CWJC No. 12471 of 2000) and upon the decision of which shall depend any challenge to the cadre allocation. Leave is granted to withdraw the writ application on behalf of petitioners 1 and 2 to assail their seniority position in the gradation list dated 20.10.2006/7.12.2006 in a freshly constituted writ application raising all issues of fact and law available to them. Nothing in this order shall be deemed or construed as any adverse opinion/observation with regard to the claim for seniority or cadre allocation of petitioners 1 and 2 in the final gradation list dated 7.12.2006 which shall necessarily have to be the subject matter of fresh adjudication. Learned Counsel for the petitioners 1 and 2 submits that he proposes to represent with regard to the joining time. 3 The factual premise that now emerges is that petitioners 3 and 4 have their seniority position in the final gradation list as existing on 15.11.2000. The modification dated 6.2.1997 appears to be tentative as it invites objections. It is not known or clear if it attained finality. Any subsequent gradation list prepared thereafter whether on 20.10.2006/7.12.2006 cannot have a bearing on the cadre allocation of petitioners 3 and 4 which has to be done on basis of the gradation list as existing on 15.11.2000. Learned Counsel for the State of Bihar very fairly states that the gradation list dated 16.12.1996 in partial modification dated 6.2.1997 was in fact a final gradation list till it came to be revised in pursuance of the order of this Court in CWJC No. 12471 of 2000. The issue of cadre allocation of petitioners 3 and 4 therefore necessarily has to be reconsidered afresh by the State Advisory Committee based on their position in the gradation list as of 15.11.2000. The State of Bihar is directed to send all necessary information in this regard to the State Advisory Committee within a period of two months from the date of receipt and/or production of a copy of this order and the State Advisory Committee is directed to take fresh decision within a maximum period of two months from the date of receipt of such information from the State of Bihar. Till such time no coercive action shall be taken against petitioners 3 and 4 in any manner in so far as the issue of cadre allocation is concerned. 4 It is made clear that this Court has not gone into the issue of their position in the gradation list in so far as petitioners 3 and 4 and the private respondents are concerned as it has not been considered necessary for the decision of the present case. This writ application is permitted to be withdrawn in so far as petitioners 1 and 2 are concerned and is disposed with directions in so far as petitioners 3 and 4 are concerned. Snkumar/- (Navin Sinha,J.)