IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3270 of 2009 1. NAGESHWAR PRASAD SINGH, SON OF LATE YOGENDRA PRASAD SINGH, RESIDENT OF VILLAGE ADAURI POST OFFICE PURNAHIYA, DISTRICT SHIVHAR, AT PRESENT JUNIOR ENGINEER, BUILDING DIVISION, DARBHANGA. 2. AJAY KUMAR SINGH, SON OF LATE DEONARAYAN SINGH, RESIDENT OF VILLAGE GANAULI, POST OFFICER MASHRAK, DISTRICT SARAN. AT PRESENT JUNIOR ENGINEER, BUILDING DIVISION, KHAGARIA. 3. GOPAL KRISHANA KARNA, SON OF SRI LAL BIHARI LAL, RESIDENT OF VILLAGE AND POST OFFICER UTTARA, DISTT. MADHUBANI. AT PRESENT JUNIOR ENGINEER(OFFICIATING SUPERINTENDING ENGIEER), BUILDING CIRCLE, DARBHANGA(RETIRED). 4. RAM VINAY SHARMA, SON OF LATE RAJESHWAR SHARMA, RESIDENT OF VILLAGE AND POOST OFFICE SHRI KRISHNAPURI COLONY, DISTRICT JEHANABAD, AT PRESENT JUNIOR ENGINEER, BUILDING DIVISION, BANKA(RETIRED). 5. BELCHANDRA SHARMA, SON OF LATE JAGESHWAR SHARMA RESIDENT OF VILLAGE AND POST OFFICE BELSANDI TARA DISTRICT SAMASTIPUR. AT PRESENT JUNIOR ENGINEER, BUILDING DIVISION, JAMUI(RETIRED). 6. SHALIGRAM SINGH, SON OF LATE GENA LAL SINGH, RESIDENT OF VILLAGE AND POST OFFICE NAYAGAON, VIA- ASARGANJ, DISTRICT BHAGALPUR. AT PRESENT JUNIOR ENGINEER(OFFICIATING EXECUTIVE ENGINEER), BUILDING DIVISION, GARDANIBAG, PATNA. 7. SACHIDANAND PRASAD SINGH, SOJN OF LATE BRAJDEO SINGH RESIDENT OF VILLAGE AND POST OFFICE KISHUNPUR MOHIRI DISTRICT MUZAFFARPUR AT PRESENT JUNIOR ENGINEER, BUILDING DIVISION BETTIAH. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. SHRI ANUP MUKHERJEE SON OF FATHER’S NAME NOT KNOWN, CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. SHRI PRATYA AMRIT SON OF FATHER’S NAME NOT KNOWN PRINCIPAL SECRETARY ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. SHRI BRAJESH MEHROTRA, SON OF FATHER NAME NOT KNOWN, SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. SHRI RAMDHYAN RAM, SON OF FATHER’S NAME NOT KNOWN, ENGINEER-IN-CHIEF-CUM-SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 6. SHRI INDRA JEET SINGH, SON OF FATHER’S NAME NOT KNOWN(S.E.) OFFICIATING ENGINEER-IN-CHIEF, BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. ----------- - 2 - 02. 13.05.2010. In compliance of my order dated 25.7.2009 passed in C.W.J.C. No.8628 of 2009 the Secretary, Road Construction Department has passed order bearing Memo No.4261(S) dated 25.3.2010 holding that petitioners are not in the cadre of Junior Engineers maintained by the Road Construction Department, Government of Bihar, in the circumstances, they cannot be granted ACP as also substantive promotion by the Cadre Controlling Department. It is submitted on behalf of the petitioners that order dated 25.3.2010 has been passed ignoring the notification of the State Government bearing Memo No.3360 dated 23.9.1982 issued by the Cabinet Coordination Department of the State Government, whereunder services of the petitioners who were appointed in the Education, Animal Husbandry Department of the State Government were transferred to the Building Construction Department with direction that they will be under the control of Road Construction Department for grant of service benefits. In the circumstances, this contempt application is disposed of with liberty to the petitioners to challenge the order dated 25.3.2010 by filing appropriate writ application. Rajesh/ (V.N.Sinha,J.)