IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3949 OF 2008 ***** Chandradip Ram, S/o Shri Sheo Keshwar Ram, Resident of C/o Dr. Nawal Kishore Ojha, At. Shree Nagar, P.O.:Ashiyana Nagar, P.S.:Shastri Nagar, District-Patna-800 025. …. …. Petitioner Versus 1. The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Vishwasaraiya Bhawan, Bailey Road, Patna-15. 2. The Engineer-in-Chief-cum-Additional Commissioner-cum- Special Secretary, Road Construction Department, Government of Bihar, Vishwasaraiya Bhawan, Bailey Road, Patna-15. 3. The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Old Secretariat, Patna. 4. The Bihar Public Service Commission having its Office at Jawahar Lal Nehru Marg, Bailey Road, Patna-15 through its Secretary. 5. The Chairman, Bihar Public Service Commission having its Office at Jawahar Lal Nehru Marg, Bailey Road, Patna-15. …. …. Respondents --------- For the Petitioner : Mr. S.D.Sanjay, Advocate Mr. Gautam Kejriwal, Advocate For the Respondent Nos.1 to 3: Mr. Lalit Kishore, Additional Advocate General-III Mr. J.P. Karn, Additional Advocate General-IX Mr. Satyabir Bharti, Junior Counsel to Additional Advocate General-III For the Respondent Nos. 4 & 5: Mr. K. B. Nath, Advocate ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 8th December, 2008. Mr. Lalit Kishore, Additional Advocate General-III submits that since promotion of the petitioner to the post of Assistant Engineer on its turn under Scheduled Caste category is prior to the bifurcation of the State of Bihar on 15th November, 2000, the - 2 - petitioner’s promotion is not and shall not be affected by the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (amended in the year 2003). In other words, the submission of the Additional Advocate General is that the amendments made in the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 shall not result in taking away the benefit of promotion given to the petitioner prior to the bifurcation of the State. 2. Since the promotion to the post of Assistant Engineer effective from 19th June, 2000 is not to be affected as stated by the Additional Advocate General, it is not necessary for us to go into the diverse aspects raised in the writ petition including the constitutional validity of 3rd proviso of Section 4(2) and Section 1(3) Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991. As a matter of fact the petitioner is not at all affected by the said amendments as submitted by the Additional Advocate General. 3. No further order needs to be passed in this writ petition. It is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-