IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14801 of 2001 RAJ KISHORE SINGH son of Sri Jag Narain Singh, resident of village- Hariharpur, Police Station- Karakat, District- Rohtas, presently residing in Flat No. 153, Defence Colony, Kankarbagh, Police Station- Kankarbag, District- Patna ….Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary-cum- Commissioner, Water Resources Department, Government of Bihar, Patna 3. The Under Secretary to the Government, Water Resources Department, Bihar, Patna. 4. The Chief Engineer, Water Resources Department, Anisabad, Patna. 5. The Executive Engineer, Planning and Monitoring Division, Anisabad, Patna-2. 6. Mahendra Prasad son of not known, presently posted in the office of the Executive Engineer, Water Ways Division, Gaya. ….Respondents. With CWJC No.14817 of 2001 DEVENDRA NARAIN SHARMA son of Sri Hit Narain Singh, resident of village and Post Office-Chesi, Police Station- Naubatpur, District- Patna. Versus 1. THE STATE OF BIHAR 2. The Secretary, Irrigation Department (Water Resources Department, Government of Bihar, Old Secretariat, Patna. 3. Deputy Secretary, Irrigation Department, Water Resources Department, Government of Bihar, Old Secretariat, Patna. 4. Engineer in Chief, Water Resources Department (Central) Old Secretariat Patna. 5. Under Secretary, Water Resources Department Old Secretariat, Patna. 6. Chief Engineer, Water Resources Department, Anisabad, Patna-2. 7. Superintending Engineer, Ganga-Sone, Flood Control Circle, Mithapur, Patna. 8. Executive Engineer, Flood Control Division, Digha, Patna. 9. Adya Sharma (Clerk) sone Nahar Pramandal Sone Cannal Division, Khagaul P. s. Khagaul Patna. …Respondents. ----------- 2 For the petitioners :Mr. A. K. Mallick, Adv. Mr. Rajeev Ranjan, Adv. Mr. Indra Monhan Kumar, Adv. Mr. Ramashish, Adv. For the State Mr. Sanjeev Kumar Singh, A.C. to S.C.21 Mr. Ranjan Kumar, A.C. to AAG-9 8. 06.07.2009. Heard counsel for the petitioners and counsel for the State. In these writ applications prayer of the petitioners reads as follows:- “ In CWJC No. 14801 of 2001 (1). That the instant writ petition is for issuance of an appropriate writ/writs, direction/directions, order/orders for quashing the Provisional and Final Gradation List of Correspondence Clerk Cadre issued vide letter no. 3024 dated 10.8.2000 and letter no. 3828 dated 19.10.2001, placing the petitioner’s name at serial no. 280 and 282 respectively illegally much below the names of his juniors and officer order contained in letter no. 3840 dated 22.10.2001 by which respondent no. 6 has been posted on the post of Head Clerk in place of the petitioner in contravention of the Government circular as contained in letter no. 1035 dated 27.5.1998 as well as in contravention of the provisions of Water Resources Mufassil Employees Cadre Control Act, 1998 and thereby demoting the petitioner in rank and scale and further for commanding the concerned respondent authorities for not interfering in the functioning of the petitioner on the post of Head Clerk as the impugned orders are wholly illegal and without jurisdiction. In CWJC No. 14817 of 2001-(1) That this writ application is for issuing appropriate writ or writs or direction or directions by quashing the order dated 19.10.2001 preparing 3 gradation list vide Memo No. 3028 dated 19.10.2001 and the order issued vide Memo No. 3840 dated 22.10.2001 keeping the petitioner in item No. 55 in the gradation list prepared thereunder and counting the Seniority of the petitioner from the date of promotion i.e. 1.4.1971 and not from the original date of appointment i.e. 24.9.1968.” Learned counsel for the petitioners in support of aforementioned prayers would submit that the matter has been pending under active consideration of the State Government and infact a final decision taken has not been communicated to the petitioners as yet. Learned counsel for the State is not in a position to inform this court about the fate of such representation filed by the petitioners questioning their place in the gradation list. This Court also in absence of relevant individual information supported by documents, necessary for fixation of interse seniority in the gradation list finds it impossible to decide such disputed questions of fact. That being so, this Court would direct the respondents to look into the matter and if there has already been a 4 favourable decision in favour of the petitioners the same may be finally communicated to them but if no such final decision has been taken an appropriate decision be taken within a period of six months from the date of receipt/production of a fresh individual representation of the petitioner along with a copy of this order. With the aforementioned observations and directions, both these writ applications are finally disposed of. kanchan (Mihir Kumar Jha, J.)