IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3691 of 2007 Ram Akbal Singh son of late Basudeo Singh, resident of Sheo Nagar, Khemni Chak, P.S. Gaurichak, District- Patna at present posted as Junior Engineer, State Highway Division, Nawada (Bihar) … … Petitioner Versus 1. The State Of Bihar through the Commissioner cum Secretary, Road Construction Department, Vishweshraiya Bhawan, Patna 2. Engineer-in-Chief cum Additional Commissioner, Road Construction Department, Government of Bihar, Patna 3. Deputy Secretary, Road Construction Department, Govt. of Bihar, Patna 4. Sri Nitya Nand Singh son of Not known to the petitioner through the Engineer-in-Chief, Road Construction Department, Govt. of Bihar, Patna … Respondents ---------------------------------- 02/ 20.09.2011 Heard learned counsel for the petitioner and the State. 2. At the relevant time, petitioner was serving as Junior Engineer in one of the Divisions of the Road Construction Department at Nawada. He has filed this writ petition for a direction to the State- respondents to consider his case for promotion on the post of Assistant Engineer on the ground that Respondent no.4, Sri Nitya Nand Singh, who is below the petitioner in the confirmation list published under office order dated 15.3.1985, Annexure-3, 2 whereby petitioner, Respondent no.4 and others were confirmed in the services of the Road Construction Department (hereinafter referred to as RCD), have been so promoted under notification of the State Government, bearing No. 12212 /(S) dated 31.10.2006, Annexure-1. In this connection, reliance is also placed on the subsequent seniority list, bearing letter No. 2881 (E) dated 5.4.1986, Annexure-7 and letter No. 342 (E) dated 8.5.2000, Annexure-9. 3. Aforesaid request of the petitioner is being refuted by the counsel for the State with reference to the averments made in the counter affidavit duly affirmed by the Deputy Secretary of the RCD whereunder it has been stated that petitioner was initially appointed as Junior Engineer in the Rural Engineering Organization of the State Government (hereinafter referred to as the REO) and later absorbed in the service of the RCD, the names of Junior Engineers, who were initially appointed in the REO has been deleted from the unified seniority list of the Junior Engineers serving in the Road Construction Department of the State Government 3 published in the year 2003. Name of the petitioner having been deleted from the unified seniority list of the Junior Engineers serving in the RCD in the year 2003, his case for promotion was not considered. 4. In response to the aforesaid submission, learned counsel for the petitioner submitted that petitioner may have been initially appointed in the REO but thereafter the services of the Junior Engineers appointed and serving in the REO was merged with the RCD and after merger of the services of the Junior Engineers of the REO with the RCD, unified seniority list was published under letter No. 4850 (E) dated 1.12.1984 by the Engineer- in-Chief-cum- Additional Commissioner-cum- Special Secretary of the Road Construction Department, copy whereof is contained in Annexure- 6 and close perusal of the said seniority list dated 1.12.1984 would indicate that petitioner has been shown senior to the Respondent no.4. In the light of the seniority position indicated in the seniority list dated 1.12.1984, Annexure-6, services of the petitioner and others including Respondent no.4 was 4 confirmed under office order dated 15.3.1985, Annexure-3. With reference to the aforesaid seniority list dated 1.12.1984, Annexure-6 and the office order confirming the services of the petitioners, Respondent no.4 and others dated 15.3.1985, Annexure-3, it is submitted that once the services of the Junior Engineers appointed and serving in the REO has been brought in the RCD, there is no reason for not including the name of the petitioner and others initially appointed in the REO in the seniority list published in the year 2003. 5. I see substance in the submission of the learned counsel for the petitioner and, accordingly, direct the State- respondents to consider the case of the petitioner for grant of promotion on the post of Assistant Engineer in the Bihar Engineering Service, Class-II notwithstanding the fact that he has not been included in the unified gradation list of Junior Engineers serving in the RCD published in the year 2003. Such consideration be made as early as possible, in any case within two months from the date of receipt/ production of a copy 5 of this order before the Secretary of the Road Construction Department. In the event, petitioner is allowed promotion with effect from the date, Respondent no.4 has been allowed such promotion, he be paid the arrears of the promoted post within the same time. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)