IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7744 of 2011 1. Shivendra Pasi SON OF SRI SWAROOP LAL PASI, RESIDNET OF SAHPUR, P.S. NAUHATTA, DISTRICT SAHARSA, PRESENTLY POSTED AS SUPERINTENDING ENGINEER, BUILDING CIRCLE, MOTIHARI. 2. DINANATH CHOUDHARY SON OF LATE BUDH RAM CHOUDHARY RESIDENT OF VILLAGE UMAIRABAD, P.S. BAIDRABAD, DISTRICT ARWAL PRESENTLY PSOTED AS SUPERINTENDING ENGINEER, BUILDING CIRCLE, ARA. 3. ACCHELAL RAM SON OF SRTI GAYA PRASAD RESIDENT OF MOHALLA PARMAN TOLA, P.S. ARA DISTRICT ARA, PRESENTLY POSTED AS TECHNICAL SECRETARY TO CHIEF ENGINEER, R.C.D. PATNA. 4. MOKHTAR NATH RAM SON OF LATE HORIL RAM RESIDENT OF VILLAGE SAIDPUR, P.S. DARIYAPUR, P.O. PARSHAL DISTRICT SARAN AT CHAPRA PRESENTLY POSTED AS TECHNICAL SECRETARY TO CHIEF ENGINEER, N. H. WING, PATNA. 5. AWADHESH PRASAD SON OF LATE RAM BILASH RAM RESIDENT OF VILLAGE MANI, P.S. BIKRAMGANJ, ROHTAS AT SASARAM PRESENTLY PSOTED AS SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, SARAN ROAD CIRCLE, HAJIPUR. Versus 1. The State Of Bihar THROUGH THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE SPECIAL SECRETARY, DEPARTMENT OF ROAD CONSTRUCTION, BIHAR, PATNA. ---------------------------------- 3 12/08/2011 All these five petitioners are supposed to be Superintending Engineers. They are aggrieved by the - 2 - final gradation list which has been published by the respondents in terms of annexure-6 on 04.04.2011. A provisional gradation list was earlier published where objections were also invited but it does not emerge from the writ application that any objection as such was raised or filed before the concerned authority. Even after publication of the final gradation list, instead of approaching the authorities on this count giving them an opportunity to examine the error, if any, which may have crept into it, the petitioners decided to rush to this Court by filing a composite writ application without crystallizing the issue. Since it is not a case of demand or failure to perform public duty as such, at this stage, the petitioners are relegated to the concerned respondents. They will file their individual claim or objection before the authority concerned stating the reason why their names should be raised or pushed up in the gradation list. If such applications are filed, the authorities will get the matter examined and communicate the outcome of such exercise preferably within a period of three months from the date of filing of such applications. - 3 - This writ application is disposed of with the direction aforesaid without expressing any opinion on the merits of the case. AMIN/ (Ajay Kumar Tripathi, J.)