IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7716 of 2009 BINOD KUMAR JHA, SON OF SHRI SHIV SHANKAR JHA, R/V MURALIA CHAK, P.O. GONOUR, P.S. BISFI, DISTRICT MADHUBANI, PRESENTLY POSTED AS DRAFTSMAN GRADE-II, NATIONAL HIGHWAY DIVISION, RAJA BAZAR, MOTIHARI, P.S. MOTIHARI, DISTRICT EAST CHAMPARAN----PETITIOENER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHWESHWARIYA BHAWAN, PATNA. 3. THE DEPUTY SECRETARY, VIGILANCE, ROAD CONSTRUCTIN DEPARTMENT, VISHWESHWARAIYA BHAWAN, PATNA. 4. THE ENGINEER-INCHIEF, ROAD CONSTRUCTION DEPARTMENT, VISHWESHWARIYA BHAWAN, PATNA. 5. THE CHIEF ENGINEER, NATIONAL HIGH WAY WING, VISHWESHWARIYA BHAWAN, PATNA. 6. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY CIRCLE, MUZAFFARPUR. 7. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, MOTIHARI DISTRICT, EAST CHAMPARAN-----RESPONDENTS. ----------- 02. 09.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the office order bearing No. 07 dated 4.6.2009, Annexure-1 whereunder he has been reverted from the post of Draftsman Grade-II to the post of Tracer. 3. It is submitted on behalf of the petitioner that from perusal of the impugned order dated 4.6.2009, Annexure-1 it will appear that petitioner was promoted to the higher post of Draftsman Grade-II under order bearing memo No. 744 dated 27.12.2005, Annexure-5 passed by the Superintending Engineer, N.H. Circle, Muzaffarpur, who is the competent authority for granting such promotion, which fact has also been admitted in paragraph 2 of the impugned order. It is further submitted that without appreciating the instruction of the State Government contained in letter No. 1232 dated 4.12.2001, impugned order has been passed, as under instruction dated 4.12.2001, 60% posts have been reserved for grant of promotion in the light of the seniority, vide resolution of the Government bearing - 2 - Memo No. 7027/92/KA-335 dated 16.9.1992. It is further submitted that petitioner appeared in Hindi Noting and Drafting Examination and was declared successful vide letter No. 1777 dated 3.12.1982. It is also submitted that petitioner has not assailed the office order dated 4.6.2009, Annexure-1 before the departmental authorities. 4. Accordingly, I direct the petitioner to assail the impugned order dated 4.6.2009, Annexure-1 before the Engineer-in-Chief-cum- Special Secretary-cum-Additional Commissioner, Road Construction Department, Government of Bihar, Patna, Respondent No.4 by filing representation on the ground that the same is violative of the instructions of the State Government including the instructions contained in letter No. 1232 dated 4.12.2001 as also the circular letter dated 16.9.1992 and such representation be considered by the Engineer-in-Chief-cum-Special Secretary-cum-Additional Commissioner, Road Construction Department, Government of Bihar, Patna, Respondent No.4 in accordance with law as early as possible, in any case within two months from the date of receipt/production of a copy of this order. 5. It shall be open for the petitioner to apply for interim relief before the Engineer-in-Chief-cum-Special Secretary-cum- Additional Commissioner, Road Construction Department, Government of Bihar, Patna, Respondent No.4, which should be considered in accordance with law. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J) - 3 -