IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8077 of 1997 1.YOGA NAND PRASAD, S/O LATE RAMLI PRASAD, P.O. MERIGANJ DISTRICT ARARIA. 2.SURESH KUMAR DAS, S/O SRI RAI RAM, R/O VILLAGE AKHTIARPUR, P.O. CHANDWA, DISTRICT BHOJPUR. 3.MAHENDRA PRASAD, S/O LATE FAGUNI PASWAN, AT & P.O CHATRA DISTRICT MADHUBANI. 4.RAMDHYAN RAM, S/O SHRI SARGYUG RAM, R/O VILLAGE HARPUR, P.O. MARIKOUR, DISTRICT GOPALGANJ. 5.JAILAL CHOUDHARY, MATWALA, S/O SHRI KODAI CHAUDHARY, R/O MOHALLA ANDERKILA, DISTRICT VAISHALI. 6.CHANDRA SHEKHAR PRASAD, S/O LATE SHEOGOVIND RAM, AT & P.O SIMRI DUDHIPATTI, DISTRICT BUXAR. ……………………PETITIONERS. Versus 1.THE STATE OF BIHAR THROUGH THE JOINT SECRETARY, ROAD CONSTRUCTION DEPARTMENT,GOVERNMENT OF BIHAR, BISHESHWRAIYA BHAWAN, PATNA. 2.THE COMMISSIONER SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA, BISHESHWRAIYA BHAWAN, PATNA. 3.THE ENGINEER IN CHIEF CUM ADDITIONAL SECRETARY CUM SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, BISHESHWARIYA BHAWAN, PATNA. 4.THE SECRETARY AND COMMISSIONER, PERSONNEL AND ADMINISTRATIVE DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. …………………RESPONDENTS. ----------- 11/ 19.07.2011 Heard Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner and Mr. Lalit Kishore, AAG-I for the State. As with regard to the following prayer:- “a. To quash the notification no. 3643(s) dated 24.06.1997 issued under the signature of the Joint Secretary, Road Construction Department, Govt. of Bihar, Patna. b. For direction to the respondents to consider the case of petitioners and 2 confirm promotion of the petitioners on the post of superintending Engineers from the dates they have been given officiating promotion with all benefits. c. For direction to the respondents not to disturb the seniority of Bihar Engineering Service Class-I (Executive Engineers, Superintending Engineers etc.) which had already been finally determined and published vide notification no. 6541(s) dated 11.12.1992. d. For commanding the respondents not to intervene/disturb the petitioners from the post of Superintending Engineers working at different places. This Court is of the considered opinion that in view of the subsequent judgment of the Constitution Bench in the case of M. Nagaraj & Ors vs The Union of India and Ors reported in 2006(8) SCC 212, the respondents would be required to redraw the seniority list as per the law laid down by the Apex Court in the aforementioned judgment. Mr. Lalit Kishore on instructions from the respondent has submitted that such exercise of drawing of fresh seniority list in the light of the judgment of the Constitution Bench in the case of M. Nagaraj (supra) has not been concluded as yet. In that view of the matter, this Court would dispose of this writ application with a direction to the respondents to redraw seniority list in question within a period of six months 3 from the date of receipt/production of a copy of this order. Let it be made clear that this Court has not gone into the respective merits of the case of the parties and in the changed scenario would direct for redrawing the seniority list as per the law laid down by the Apex Court. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)