IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5512 of 2010 1. NARAYAN PASWAN S/O SRI CHHOTELAL PASWAN R/O VILL JAMANA NIWAS, FLAT NO. B- 301, NORTH SHRIKRISHNA PURI, BORING ROAD, PATNA 2. BISHWANATH CHOUDHARY S/O LATE RAM BACHAN CHOUDHARY R/O A/75, DAMARIA, P.O.ANISABAD, P.S.GARDANIBAGH, DISTT-PATNA - Petitioners. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY, MINOR WATER RESOURCES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 4. THE JOINT SECRETARY, WATER RESOURCES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 5. THE JOINT SECRETARY , MINOR WATER RESOURCES DEPTT. GOVERNMENT OF BIHAR, PATNA – Respondents. ----------- 2 10.5.2010 Heard learned counsel for the petitioners and the State. The petitioners have admittedly been promoted to the posts of Chief Engineer by order, dated 10.11.2009 contained in Annexure 1. After giving the said promotion the petitioners were posted as Chief Engineers in Water Resources Department. However, on the same posts, two persons who were Superintending Engineers were posted by Minor Water Resources Department vide Annexure 4. As a result of that the petitioners are without any posting. A counter affidavit has been filed on behalf of the Water Resources Department in which it has been stated that the petitioners’ services have been returned back by Minor Water Resources Department vide notification no.2003, dated 31.3.2010. It has further been stated that there is only one post of Chief Engineer Mechanical and one Sri Kamal Narain Lal has already been posted on the said post. The other two posts of Chief Engineer Mechanical in the Minor Water Resources Department are also not vacant. It is said that since there is no vacant post, the Water Resources Department is considering sending the petitioners back to the Minor Water 2 Resources Department. In view of the statements made at paragraphs 10 and 11 of the counter affidavit, this court directs that respondents 2 and 3 should take a decision and post the petitioners on appropriate posts within a period of two weeks from the date of receipt / production of a copy of this order. This writ petition is disposed of with the aforesaid observation and direction. haque (Sheema Ali Khan, J.)