IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15224 of 2010 1. BIRCHANDRA THAKUR S/O LATE BALESHWAR THAKUR R/O MOH NORTH S.K.PURI, P.S. S.K.PURI, DISTT-PATNA AT PRESENT POSTED AS ASSISTANT ENGINEER SONE CANAL , SUB DIVISION WATER RESOURCES DEPTT. KARGAHAR, DISTT-ROHTAS 2. YOGESHWAR DHARI SINGH S/O LATE RAMESHWAR PRASAD SINGH R/O VILL MALPURA, P.S.PIPARAHI, DISTT-LAKHISARAI, AT PRESENT POSTED AS ASSISTANT ENGINEER, PLANNING AND MONITORING CIRCLE-1, WATER RESOURCES DEPTT. PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, WATER RESOURCES DEPTT. PATNA 3. THE ADDL. SECRETARY, WATER RESOURCES DEPTT. PATNA 4. SRI UPENDAR PRASAD SHARMA S/O LATE MISHRI LAL SHARMA R/O VILL BANDIH, P.O.MARKHA VIA SHAPUR PATURI, DISTT-SAMASTIPUR AT PRESENT POSTED AS ASSISTANT ENGINEER FLOOD CONTROL SUB DIVISION NO.2, WATER RESOURCES DEPTT. , BIHIYAN, DISTT-BHOJPUR 5. MD.KAMAL ASHARAF S/O LATE MD. NIZAMUL HAQUE ASHARAF R/O AWDHWAS HOUSE NEW AZIMABAD COLONY SECT. A, P.O.MAHENDRU, DISTT-PATNA AT PRESENT POSTED AS ASSISTANT ENG. FLOOD CONTROL HATHAURI, WATER RESOURCES DEPTT.HATHURI, DISTT-SAMASTIPUR 6. SRI JAGAT NARAYAN PRASAD S/O SRI RAGHU NATH PRASAD VILL& P.O.BHOLAHI, RAXSAUL DISTT-EAST CHAMPARAN, AT PRESENT POSTED AS ASSISTANT ENG. IN PLANNING AND DESIGN DIVISION, WATER RESOURCES DEPTT. AURANGABAD 7. SRI SHAILESH KUMAR SINGH S/O LATE MOTI LAL SINGH R/O P.O.PASAUR, DISTT-BHOJPUR AT PRESENT POSTED AS ASSISTANT ENGINEER MINOR IRRIGATION DEPTT. DIV-MUNGER 8. SRI UMESH CHANDRA PRASAD S/O LATE JAGTANAND PRASAD R/O VILL BAIKUNTHWA, P.O.NARKATIYA BAZAR, VIA ADAPUR, DISTT-EAST CHAMPARAN, AT PRESENT POSTED AS ASSISTANT ENG. SONE HIGH LEVEL CANEL DIVISION WATER RESOURCES DEPTT. SASARAM 9. SRI RAJENDRA PRASAD KESHRI S/O SRI DEONANDAN PRASAD SINGH R/O VILL ASADPUR, P.O.SATYAPURA, DISTT-VAISHALI AT PRESENT POSTED AS ASSISTANT ENGINEER WESTERN KOSHI CANEL , DIVISION NO.1, WATER RESOURCES DEPTT. JAINAGAR 2 10. SRI SHASHI BHUSHAN PRASAD S/O DR. NARAYAN PRASAD R/O VILL BIRNAWA DOSUT, DISTT-NALANDA, AT PRESENT POSTED AS ASSISTANT ENGINEER, SARAN DIVISION, CHAPRA 11. PRABHAKAR MANDAL S/O NOT KNOWN R/O VILL & P.O.ASHARGANJ, DISTT-MUNGER, AT PRESENT POSTED AS ASSISTANT ENGINEER, PLANNING AND MONITERING DIVISION, PATNA ----------- 2 12.01.2011 The grievance of the petitioners is that though they were directly appointed earlier as Assistant Engineer, but after promotion of private respondents to the post of Assistant Engineer, they have been shown junior in the gradation list, from which promotion is going to be made to the post of Executive Engineer. Petitioners have already filed representations in this regard before the Principal Secretary, Water Resources Department, copies whereof are annexed as Annexure-5 series with the writ application. Learned counsel for the petitioners submits that the petitioners may be allowed to file further exhaustive representation before the Principal Secretary which may be considered and disposed of before the promotions are made from the gradation list to the post of Executive Engineer. In the circumstances, this writ application is disposed of with liberty to 3 the petitioners to file their exhaustive representations before the Principal Secretary of the Water Resources Department who shall consider the same and if requested shall allow the petitioners also to appear before him to represent their cases and also the respondents, who may be adversely affected in the matter and decide the matter within two months from the date of receipt/production of a copy of this order. It is obvious that any change in the position in the gradation list shall be taken into account for further promotion to the post of Executive Engineer. Arvind/ ( J. N. Singh, J.)