IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6434 of 2009 VIJAY KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 21/5/2009 Heard Mr. Ganesh Prasad Singh, learned Senior counsel appearing on behalf of the petitioner and counsel for the State. In this writ application grievance of the petitioner can be better appreciated if prayer made in this writ application is quoted in extenso:- “That this is an application for issuance of a writ in the nature of mandamus directing and commanding the respondent-authorities to correct the seniority list of the Junior Engineers of Road Construction Department in view of memo no. 5496 (E) dated 18.7.2000 and grant promotion to the petitioner on the post of Assistant Engineer (Civil), along with other persons, who were granted such promotion on the basis of the aforesaid seniority list and/or for issuance of any other writ (s), order (s) or direction (s), which seems just and equitable in the facts and circumstances stated hereunder.” Admittedly, on earlier occasion the Engineer-in-Chief of the Road Construction Department vide letter dated 18.7.2000 has taken certain decision which according to the petitioner would help him in getting the relief as prayed for in this writ application. The petitioner, in fact, has already approached the Engineer-in- Chief by filing a representation dated 16.3.2009 as contained in Annexure-9 to this writ application. Since Engineer-in-Chief is cadre head of the post of Junior Engineer, this Court would direct the said Engineer-in- 2 Chief of the Road Construction Department to take a final decision as with regard to revision of the seniority list and consequential promotion of the petitioner within a period of three months from the date of receipt/production of a copy of this order. It is, however, made clear that if any person would be affected on account of revision of seniority list and/or promotion the Engineer-in-Chief must issue notice and also afford opportunity of hearing to such person before passing the order in favour of the petitioner. Let it be also made clear that this Court has expressed no opinion on the merits of the case of the petitioner. With the aforementioned observations/directions this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)