IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16092 of 2004 PRAVIND PRASAD SON OF SRI KARU SAH RESIDENT OF VILLAGE & P.O. TELHARA, P.S. TELHARA, DISTRICT NALANDA. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. THE ENGINEER IN CHIEF CUM ADDITIONAL COMMISSIONER CUM SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 4. RAJIV KUMAR SON OF SHRI SACHIDANAND YADAV POSTED IN THE OFFICE OF EXECUTIVE ENGINEER (MECHANICAL ), NATIONAL HIGHWAY MECHANICAL PLANNING DIVISION, ROAD CONSTRUCTION DEPARTMENT, PATNA. 5. SANJEEV KUMAR SINHA SON OF SHRI INDAL SINGH POSTED IN THE OFFICE OF THE EXECUTIVE ENGINEER (MECHANICAL), NATIONAL HIGHWAY MECHANICAL PLANNING DIVISION, ROAD CONSTRUCTION DEPARTMENT, DEHRI. 6. RAMESH PRASAD SINGH SON OF SHRI GANGA PRASAD SINGH POSTED IN THE OFFICE OF EXECUTIVE ENGINEER (MECHANICAL), NATIONAL HIGHWAY MECHANICAL PLANNING DIVISION, ROAD CONSTRUCTION DEPARTMENT, PATNA. ----------- For the Petitioner :- Mr. Laxmi Narayan Das. For the State :- Mr. Shambhu Nath, A.C. to G.P.X For Respondent nos. 4 & 5 :- M/S. Suraj Narain Yadav & Binod Kumar Sinha. ----- 5 16/08/2010 Petitioner wants quashing of annexure- 7 dated 02/01/2004 by virtue of which prayer made by the petitioner for promotion to the post of Assistant Engineer from Junior - 2 - Engineer came to be denied to him on the ground that he had acquired A.M.I.E. degree prior to joining of service as a Junior Engineer and not during the service period on the post of Junior Engineer. This decision communicated to the petitioner requires to be interfered with in view of the subsequent development which has taken place. Based on the principle decided by the Hon’ble Supreme Court in the case of Pramod K. Pankaj Vs. State of Bihar and others reported in 2004(2) P.L.J.R., 84 (S.C.) a Circular dated 21.02.2008 came to be issued by the Road Construction Department which has been brought on record as Annexure-10. The respondents have categorically stated that the basic distinction between the persons who have acquired the degree during service period or prior to service period has been given a go bye. In other words, even those persons who had acquired degree prior to entering the service would be given the benefit of promotion. In view of the above annexure-7 is quashed and the matter is remanded back to the authorities for passing a fresh order keeping in mind their own Circular contained in - 3 - annexure-10. This writ application stands disposed of with the above direction. AMIN (Ajay Kumar Tripathi, J.)