1. Heard learned Counsel for the petitioner and learned Counsel for the respondents.

2. This writ petition has been directed against office order of the Road Construction Department, Govt. of Bihar, issued vide memo No. 11256 (S) dated 29.12.1999 (annexure-7) under the signature of Under Secretary of the Department. The petitioner has also sought promotion to the post of Senior Accounts Clerk with effect from 01.05.1999 with all consequential benefits as at the time of filing of the writ petition, he was working as Junior Accounts Clerk in the Office of Executive Engineer, Advance Planning National Highway, Division, Lakhisarai.

3. Learned Counsel for the petitioner submitted that as per the gradation list issued by the department on 15.06.1990 (annexure-1), the petitioner was at serial No. 2 among the Junior Accounts Clerk and thereafter Sri Vidyapatti Sinha, who was at serial No. 1 of the said list retired on 30.04.1999, whereafter the petitioner became the senior most Junior Accounts Clerk. He further averred that earlier the petitioner had filed CWJC No. 2365 of 1994 for directing the respondents to grant promotion to him in accordance with law and the said writ petitio