IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9649 of 2010 1. SURAJ KUMAR SHARMA, S/O LATE PATEL THAKUR, R/O VILLAGE- MAGARDAHI (KHARIDABAD), P.O.- SAMASTIPUR, DISTTRICT- PATNA (BIHAR). 2. RAM NARESH RAI, S/O LATE JITU RAI, R/O VILLAGE- KORBADDHA, P.O.- LAGUNIA, SURYAKANTH, DISTRICT- SAMASTIPUR (BIHAR). 3. NAVIN KUMAR SINGH, S/O LATE DEO NARAIN SINGH, R/O VILLAGE- CHANDHARPUR, P.O.- MUKTAPUR, DISTRICT- SAMASTIPUR (BIHAR). 4. CHANDRA KISHORE SINGH, C/O MUKTI SINGH, R/O QUARTER NO.T/67A, RAILWAY GOL COLONY, RAXAUL, DISTRICT- SAMASTIPUR (BIHAR). 5. TRIBHUBAN TIWARY, S/O SRI GANESH TIWARY, R/O VILLAGE AND P.O.- PAURA, TIWARY TOLA, DISTRICT- VAISHALI (BIHAR). 6. PAWAN KUMAR LAL DAS, S/O LATE LAL BIHARI LAL DAS, R/O VILL.- BASAHAM, P.O.- BAHERA, DISTRICT- DARBHANGA (BIHAR). 7. ANIL KUMAR RAI, C/O RAJENDRA RAI, R/O VILLAGE- KORBADDHA, P.O.- LAGUNIA SURYAKANTH, DISTRICT- SAMASTIPUR (BIHAR). ..... Petitioners. Versus 1. THE UNION OF INDIA, THROUGH GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR. 2. THE GENERAL MANAGER (P), EAST CENTRAL RAILWAY, HAJIPUR. 3. THE DIVISIONAL RAILWAY MANAGER, SAMASTIPUR DIVISION, EAST CENTRAL RAILWAY, SAMASTIPUR. 4. THE DIVISIONAL RAILWAY MANAGER (PERSONNEL), SAMASTIPUR DIVISION, EAST CENTRAL RAILWAY, SAMASTIPUR. 5. THE DIVISIONAL COMMERCIAL MANAGER, SAMASTIPUR DIVISION, EAST CENTRAL RAILWAY, SAMASTIPUR. 6. PRAMOD KUMAR SHARMA, S/O SHRI BHUNESHWAR SHARMA, R/O VILLAGE AND P.O.- SHIKHARPUR, DISTRICT- WEST CHAMPARAN (BIHAR). 7. ASHOK KUMAR, S/O LATE HARGUN PRASAD RAI, R/O VILLAGE- BHATTDIH PARSOUNI, DISTRICT- EAST CHAMPARAN (BIHAR). 8. BINOD KUMAR, S/O LATE R.D. PRASAD, R/O VILLAGE- PANDEY TOLA, DISTRICT- WEST CHAMPARAN (BIHAR). 9. SUDAMA BAITHA, S/O SRI BIRJAN BAITHA, R/O VILLAGE AND P.O.- NAWATPUR BAZAR, DISTRICT- WEST CHAMPARAN (BIHAR). ...... Respondents. ----------- 2 02- 25.06.2010 Heard Mr. Gautam Bose for the petitioners, and Mr. Ahshanuiddin Amanullah for respondent nos.1 to 5. This writ petition is directed against the order dated 8.3.2010, passed by the Central administrative Tribunal, Patna Bench, whereby the three original applications, namely, O.A. No.179 of 2009, O.A. No.228 of 2009, and O.A. No.544 of 2008, have been dismissed, and cancellation of the examination for in-house promotion to the posts in question, has been upheld by a common order. 2. Learned counsel for respondent nos.1 to 5 submits that the present writ petition is covered by the judgment dated 17.5.2010, passed in C.W.J.C. No.8628 of 2010. 3. Learned counsel for the petitioners submits that the judgment of the Supreme Court handed down on 16.3.2005 in Civil Appeal No.1775 of 2005 (Secretary, A.P. Public Service Commission Vs. B. Swapna and others), reported in (2005)4 S.C.C. 154, was not brought to the notice of the Bench disposing of the said C.W.J.C. 8628 of 2010 which, in his submission, if considered, would have made a difference in the conclusion of that writ petition. 3 4. We have perused the materials on record and considered the submissions of learned counsel for the parties. The original applicants of said O.A. No.228 of 2009 (Raj Kumar Poddar and others Vs. The Union of India and others), challenged the said order dated 8.3.2010, by preferring C.W.J.C. No.8628 of 2010, in this Court which was dismissed by a Division Bench of this Court (to which one of us (S K Katriar, J. was a party), by judgment dated 17.5.2010. The present writ petition arises out of the said O.A. No.179 of 2009. The present writ petition is entirely covered by the said judgment dated 17.5.2010, passed in C.W.J.C. No.8628 of 2010. 5. The writ petition is accordingly dismissed for the reasons assigned in the said judgment dated 17.5.2010, passed in C.W.J.C. No.8628 of 2010. (S K Katriar, J.) (Birendra Prasad Verma, J.) S.K.Pathak/