IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4881 of 2007 1. Mohammad Abadat Hussain Ansari, SON OF LATE MD. KARAMAT HUSSAIN, RESIDENT OF VILLAGE- SAHARSA BASTI, WARD NO. 27, POST AND DISTRICT- SAHARSA AT PRESENT POSTED AS PEON, P.W.D. ROAD, SUB-DIVISION NO. 2, SAHARSA. 2. BIRENDRA NARAIN JHA, SON OF LATE TRIPATI NARAIN JHA, RESIDENT OF VILLAGE- MALHAD, P.S.- SUPAUL, P.O. & DISTRICT- SUPAUL AT PRESENT POSTED AS TREASURE GUARD, P.W.D., ROAD, SUB-DIVISION- BIRPUR, DISTRICT- SUPAUL. 3. GOVIND SHARMA, SON OF LATE DOMI SHARMA, RESIDENT OF VILLAGE+P.O.- PATUOSHA, P.S. & DISTRICT- SAHARSA, AT PRESENT POSTED AS ROLLER KHALASI, P.W.D., ROAD, SUB- DIVISION NO.1, SAHARSA ;---PETITIONERS. Versus 1. The State Of Bihar, THROUGH ITS WORKS COMMISSIONER, P.W.D., ROAD CIRCLE, SAHARSA. 2. SUPERINTENDENT ENGINEER, P.W.D., ROAD, CIRCLE SAHARSA. 3. CHIEF ENGINEER, P.W.D., ROAD, DARBHANGA :--- RESPONDENTS. ---------------------------------- 5. 25.10.2011. Heard learned counsel for the petitioners and the State. 2. Petitioners are serving on Class-IV post in Road Division No. 1, 2, Saharsa and Birpur. They have filed this writ petition questioning the validity of order bearing Letter No. 62 dated 21.1.2006, Annexure-8 to the writ petition, whereunder their request for promotion on Class-III post was rejected stating that Superintending Engineer, Road Construction Circle, Saharsa is not competent to consider their request for grant of promotion on Class-III post in the light of the instructions of the State Government contained in Resolution No. 11243 (p) dated 2 6.12.1995 issued from the Personnel and Administrative Reforms Department of the State Government. 3. It is agreed by the counsel for the parties that aforesaid Resolution No. 11243 (p) dated 6.12.1995 has since been superseded by the State Government under notification dated 23rd March, 2011 in terms whereof 15% vacancies in the category of Lower Division Clerk is reserved for considering the case of Class-IV employees for promotion on Class-III post. It is submitted on behalf of the petitioners that others junior to the petitioners were promoted on Class-III post under different office orders issued in the year 1995- 96, 1996-97 contained in Annexure-4 series to this application, whereunder juniors were promoted on Class-III post ignoring the claim of the petitioners as also the instructions of the Government bearing Resolution No. 11243 dated 6.12.1995 which required Class-IV employee to become successful in the competitive examination but the juniors were given such promotion without subjecting them to any departmental examination. 4. Highlighting the aforesaid grievance petitioner had earlier filed C.W.J.C. 3 No. 12164 of 1999 which was disposed of under orders dated 8.7.2005 taking into account the grievance of the petitioners that juniors to the petitioners have already been promoted on Class-III post without subjecting them to the departmental examination and having taken note of the said fact this Court directed the Superintending Engineer to consider the case of the petitioners for promotion. In the light of the order dated 8.7.2005 the Superintending Engineer passed order dated 21.1.2006, Annexure-8 with reference to the resolution of the Government dated 6.12.1995 stating that he does not have any power to consider the case of the petitioners for promotion without appearing in departmental examination. Impugned order dated 21.1.2006, Annexure-8 has been passed with reference to resolution of the Government dated 6.12.1995 which has since been superseded in terms of the rules notified under notification dated 23rd March, 2011. In the light of the provisions of the rules notified on 23.3.2011, I set aside the order of the Superintending Engineer bearing Letter No. 62 dated 21.1.2006, Annexure-8 with direction to the competent authority amongst the 4 respondents to consider the case of the petitioners for promotion on Class-III post in the light of the fact that his other juniors have already been so promoted as far back in 1995- 96 without appearing in the departmental examination, as was required under resolution of the Government dated 6.12.1995. Necessary consideration be made by the competent respondent in the light of this order, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)