IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12664 of 2009 SUDHIR KUMAR DAS Versus THE STATE OF BIHAR & ORS ----------- 2 06-10-2009 Heard learned counsel for the petitioner and the State. The claim in this writ application is finalizing the tentative gradation list of the Bihar Engineering Services Class-I, Chief Engineer /Superintending Engineer/ Executive Engineers ( Civil, issued vide Notification No.4123(S) dated 29.4.2009 by the Joint Secretary , Road Construction Department, Patna. The submission is that objections had been invited to the tentative gradation list. The petitioner has also submitted his objection in time with regard to the seniority position in the tentative gradation list . Without finalizing the tentative gradation list, the respondents propose to make regular promotion on the post of the Chief Engineer and which includes certain persons shown below the petitioner in the tentative gradation list. Learned counsel for the State submits that it remains an issue of fact whether the tentative gradation list has been finally finalized or not. He fairly acknowledges that till the tentative gradation list is not finalized, no promotion can be made on the post of Chief Engineer from the tentative gradation list. The respondents are restrained from making any promotion on the post of Chief Engineer till the tentative gradation list is not finalized in accordance with law. - 2 - After the gradation list is finalized, the promotions can be considered in accordance with law. The writ application stands disposed off . NKS/- ( Navin Sinha, J)