IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9770 of 2009 Ajay Kumar Sinha Son of Late Shri Umesh Chandra Prasad, Resident of mohalla Dr. Rameshwar Dayal Path, Boring Road, P.S. S.K. Puri, Patna 13 at present posted as Assistant Engineer (Mechanical) Patna Municipal Corporation, Water Supply Division, Patna Versus 1. The State Of Bihar through the Chief Secretary, Old Secretariat, Patna 2. The Commissioner cum Principal Secretary to the Government in the department of Urban Development and Housing, Government of Bihar, New Secretariat, Patna 3. The Commissioner Patna Nagar Nigam, Patna 4. Executive Officer, Water Supply Branch, Patna Municipal Corporation, Patna 5. Chief Engineer, Water Supply Branch, Patna Municipal Corporation, Patna 05/ 07.07.2010 Heard learned counsel for the petitioner and the Patna Municipal Corporation (hereinafter referred to as the Corporation). 2. During the pendency of the writ application, petitioner was allowed the charge of Chief Engineer Incharge under order, bearing Memo No. 844 dated 21.4.2010, but he could not assume such charge, as he proceeded on earned leave, as is evident from his applications dated 8, 28.6.2010. Petitioner is likely to resume duties on 15.7.2010. In the circumstances, he be given the charge of Incharge Chief Engineer, if he resumes duty on 15.7.2010. 3. Petitioner being a Mechanical Engineer, cannot be promoted on the post of Chief Engineer on substantive basis, as such post is available only to Civil Engineers and the rules have not yet been updated in the light of the direction of this Court contained in judgment dated 3.4.2003, passed in L.P.A. No. 217 of 1996, Annexure-2/2, although the said judgment has been affirmed by the Hon’ble Supreme Court under orders dated 9.8.2004, passed in Special Leave to Appeal (Civil) No. 14829 of 2003. - 2 - 4. Accordingly, I direct the authorities of the Corporation to consider the case of the petitioner for grant of Assured Career Progression benefits since he is stagnating in the scale of Assistant Engineer, as early as possible, in any case within one month from the date of receipt/ production of a copy of this order before the Municipal Commissioner. The authorities are also directed to update the rules in the light of the aforesaid judgment dated 3.4.2003, as early as possible, in any case within a reasonable time not exceeding three months. 5. The writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)