IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11264 of 2009 RAJA OM PRAKASH, SON OF DR. SHIV SWAROOP SAHAI, RESIDENT OF MOHALLA SUBHASH NAGAR, BALIA, P.O. BALIA, P.S. BALIA, DISTRICT BALIA, UTTAR PRADESH, PRESENTLY POSTED AS AN ASSISTANT ENGINEER, NATIONAL RURAL EMPLOYMENT PROGRAM(N.R.E.P.), PATNA, DISTRICT PATNA---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 3. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 4. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA---RESPONDENTS. ----------- 03. 02.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was earlier promoted as Assistant Engineer under notification of the State Government dated 4.11.1993, Annexure-1. Later his date of promotion was shifted from 4.11.1993 to 7.4.1989 under gradation list published in compliance of the orders of this Court vide letter No. 10542 dated 3.12.1999, Annexure-2. 3. It is submitted on behalf of the petitioner that in the light of the instructions of the State Government contained in letter No. 10542 dated 3.12.1999, Annexure-2, the position of the petitioner be corrected in the gradation list of the Assistant Engineers maintained in the Road Construction Department. 4. Having heard counsel for the parties, I direct the petitioner to file representation before the Secretary, Road Construction Department to correct his seniority position in the gradation list of the Assistant Engineers in the light of the instruction of the State Government contained in letter No. 10542 dated 3.12.1999, Annexure-2 and the representation be considered as early as possible, in any case within two months from the date of receipt of the representation along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 2 -