IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4784 of 2009 1. DHIRENDRA KUMAR SINGH, SON OF SRI MAHESH KUMAR SINGH, R/O VILLAGE IBRAHIMPUR,P.O. AKHTIARPUR, P.S. BIKRAM, DISTT. PATNA AT PRESENT HOLDING THE POST OF ASSISTANT ENGINEER INCHARGE, JHARKHAND STATE HOUSING BOARD, DHANBAD DIVISION, DHANBAD. 2. BINOD KUMAR, SON OF LATE JANARDAN PRASAD SINGH, R/O K-213 HANUMAN NAGAR, P.O. LOHIANAGAR, P.S. PATRAKARNAGAR DISTT. PATNA AT PRESENT POSTED AS ASSISTANT ENGINEER INCHARGE, JHARKHAND STATE HOUSING BOARD, JAMSHEDPUR DIVISION, JAMSHEDPUR. 3. BIJAYENDRA PRASAD YADAV, SON OF LATE MANGAL PD. YADAV, AT PRESENT POSTED AS JUNIOR ENGINEER, BIHAR STATE HOUSING BOARD, BHAGALPUR DIVISION, BHAGALPUR. 4. AJAY SHANKAR SAHAY, SON OF SRI BAJRANG SAHAY, AT PRESENT POSTED AS JUNIOR ENGINEER, BIHAR STATE HOUSING BOARD, P.H.E. DIVISION, PATNA. Versus 1. THE STATE OF BIHAR 2. THE COMMISISONER-CUM-SECRETARY BUILDING AND HOUSING BISHESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 3. THE BIHAR STATE HOUSING BOARD, PATNA THROUGH ITS MANAGING DIRECTOR. 4. THE SECRETARY, BIHAR STATE HOUSING BOARD, PATNA. 5. BIHAR PUBLIC SERVICE COMMISISION, THROUGH ITS SECRETARY BAILEY ROAD, PATNA. 6. THE CHAIRMAN, BIHAR PUBLIC SERVICE COMMISISION, PATNA. 7. THE DEPUTY SECRETARY, BIHAR PUBLIC SERVICE COMMISISION, BAILEY ROAD, PATNA. 8. THE JHARKHAND STATE HOUSING BOARD, RANCHI THROUGH THE MANAGING DIRECTOR. 9. THE SECRETARY, JHARKHAND STATE HOUSING BOARD BOTH ADDRESSED AT HOUSING BOARD COLONY AT + P.O. HARMU, RANCHI. ----------- 04. 28.06.2010 Heard learned counsel for the petitioners, the State, Bihar State Housing Board(hereinafter referred to as the Board) and the Bihar Public 2 Service Commission(hereinafter referred to as the Commission). 2. Petitioners are aggrieved by the order of the Commission dated 15.4.2006, whereunder it has refused to consider the case of the petitioners for appointment/promotion on the post of Assistant Engineer as according to the Commission petitioners not being in the regular employment of the Board on the post of Junior Engineer their case could not have been considered for appointment/promotion on the post of Assistant Engineer. It further appears from the order of the Commission that vigilance clearance and roster arrangement and other details was also not furnished by the Board and thus the Commission was constrained not to consider the case of the petitioners for such appointment/promotion. 3. Learned counsel for the petitioners further assailed the order of the Board dated 25.11.2006, Annexure-25, whereunder petitioners have been shown to have been appointed as Junior Engineer in the work charge establishment of the Board with effect from 15.2.1989 and in the regular establishment with effect from 4.7.2003. It is submitted on behalf of the petitioners that in the 3 Bihar State Housing Board there is only one establishment and cadre of the Junior Engineers and that being so there was no occasion for the Board to pass order dated 25.11.2006, Annexure-25 indicating that petitioners were taken in the work charge establishment on 15.2.1989 and in the regular establishment on 4.7.2003. 4. Having heard counsel for the parties, I direct that Commission should consider the case of the petitioners who are degree holders for appointment/promotion on the post of Assistant Engineer treating them to have been appointed in the Board on the post of Junior Engineer w.e.f. 15.2.1989 as from the said date petitioners have continuously served as Junior Engineer to the satisfaction of the Board. So far petitioner nos.1 and 2 are concerned their services stood transferred to the Jharkhand State Housing Board with effect from 21.8.2003, as such, they are neither bound by the order dated 25.11.2006 nor the Commission shall consider their case for appointment/promotion on the post of Assistant Engineer in the Bihar State Housing Board. The Board is directed to recommend the case of petitioner nos.3 and 4 for fresh consideration by the Commission, as early as 4 possible, in any case within two months from the date of receipt/production of a copy of this order with necessary vigilance and roster clearance and the Commission shall consider the same in accordance with law as early as possible, in any case within two months from the date of its receipt. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)