CIVIL WRIT JURISDICTION CASE No.5190 OF 1999 1. RAVINDRA KUMAR SINHA S/O ARJUN PRASAD AT PRESENT POSTED AS ASSISTANT ENGINEER, ROAD DIVISION NO.1, ROAD CONSTRUCTION DEPARTMENT, GAYA. 2. BAL KRISHNA SAHAY S/O LATE KRIPA SHANKAR SAHAY, AT PRESENT POSTED AS ASSISTANT ENGINEER, N.R.E.P., RURAL DEVELOPMENT DEPARTMENT, PATNA. 3. MAHENDRA JHA, S/O TIRPIT NARAYAN JHA AT PRESENT POSTED AS ASSISTANT ENGINEER, R.E.O.WORKS DIVISION, BEGUSARAI ……PETITIONERS. Versus 1. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, 2. COMMISSIONER-CUM-SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA, VISHVESHRAIYA BHAVAN, PATNA 3. COMMISSIONER-CUM-SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT VISHVESHRAIYA BHAVAN, GOVT.OF BIHAR,PATNA ….RESPONDENTS. WITH CIVIL WRIT JURISDICTION CASE No.457 of 2000 PRAKASH CHANDRA CHAUDHARY, SON OF LATE JAGDIP NARAYAN CHAUDHARY ‘DEEPAK’, RESIDENT OF VILLAGE & P.O. BHADAHAR, POLICE STATION- KUSHDSHWAR ASTHAN, DISTRICT DARBHANGA …..…PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT.OF BIHAR, PATNA 3. DEPUTY SECRETARY, R.C.D.GOVT.OF BIHAR, PATNA 4. ACCOUNTANT GENERAL, GOVT. OF BIHAR, PATNA …….… RESPONDENTS. WITH CIVIL WRIT JURISDICTION CASE No.6013 of 1999 RAM BABU SINGH SON OF SHRI MAHESHWAR PRASAD SINGH, ASSISTANT ENGINEER, RURAL ENGINEERING ORGANISATION, RESIDENT OF AAKUCHAK, P.S.- TARAIYA, DISTRICT SARAN ……..PETITIONER. Versus 1. THE STATE OF BIHAR 2. COMMISSIONER-CUM-SECRETARY, ROAD COSNTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA, VISHWASHRAIYA BHAWAN, PATNA 3. THE COMMISSIONER-CUM-SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DEPUTY SECRETARY, ROAD CONSTRUCTION DEPTT., VISHVESHRAIYA BHAVAN, GOVERNMENT OF BIHAR, PATNA …RESPONDENTS. WITH CIVIL WRIT JURISDICTION CASE No.10352 of 1998 1. PRAKASH CHANDRA CHOUDHARY SON OF LATE JAGDIP NARAYAN CHAUDHARY ‘DEEPAK’, RESIDENT OF VILLAGE + P.O. BHADAHAR, POLICE STATION- KUSHDSHWARASTHAN, DISTRICT DARBHANGA. 2 2. ACHUTA NAND JHA SON OF LATE SIYARAM DUTTA JHA, RESIDENT OF VILLAGE + P.O. SAMSA, P.S. MANSURCHAK, DISTRICT BEGUSARAI …PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, ROAD COSNTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA 3. DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA ……RESPONDEDNTS. ----------- For The Petitioners : Mr.V.K.Kanth, Senior Advocate For The Respondents : Government Advocate No.II For The Petitioner :Mr.Jitendra Prasad,Advocate For The Respondents :Mr.Shashi Bhushan Kumar, S.C.XVI Mr.J.K.Roy, J.C.to S.C.XVI. (In C.W.J.C.No.457 of 2000) For The Petitioner :Mr.P.N.Pathak, Advocate Mr.Surendra Kr.Singh,Advocate For The Respondents :Mr.Rajesh Kumar Verma, J.C.to S.C.XI. (In C.W.J.C.No.6013 of 1999) For The Petitioners :Mr.Jitendra Pd.Singh,Advocate For The Respondents :Mr.Rajesh Kumar Verma, J.C.to S.C.XI. (In C.W.J.C.No.10352 of 1998) ----------- P R E S E N T THE HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD THE HON'BLE DR. JUSTICE RAVI RANJAN -------- Prasad & Ranjan, JJ: Several reliefs have been sought for in the present applications. However, when the matter is taken up, Mr.V.K.Kanth, Senior Advocate, appearing on behalf of the petitioners states that during the pendency of the writ applications, the State Government has published the gradation list in its memo dated 3rd of July, 2008. He states that the gradation list so published is not in accordance with the decision of the State Government as contained in letter no.6509-A dated 12th of December, 1934. He prays for withdrawal of the writ applications with 3 liberty to the petitioners to represent before the State Government seeking their placement in the seniority list in accordance with the decision of the State Government referred to above. Government Advocate No.II, S.C.XVI and J.C.to S.C.XVI appear on behalf of the State. Needless to state that in case petitioners file representation within two weeks from today, the respondents particularly respondent no.2, Secretary to the Government of Bihar in Road Construction Department shall consider their prayer in regard to the placement in the seniority list in accordance with law within eight weeks from the date of receipt/production of a copy of this order. Any deviation in carrying out the direction aforesaid within the stipulated time shall be viewed seriously. Applications are permitted to be withdrawn with the observation aforesaid. (Chandramauli Kr.Prasad, J.) (Dr. Ravi Ranjan, J.) Patna High Court, Dated, 24th November,2008. NAFR/ Narendra/