IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3005 of 2006 SHIV NARAYAN HARIJAN son of Late Banarsi Harijan, resident of village- Bari Bishar, Police Station Barahat, District- Banka, at present: Draftman-2 (Civil), Office of Superintending Engineer, National High Way Circle, National High Way-80, Road Construction Department, Bahadurpur, Town and District- Bhagalpur. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR through Engineer-in-chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar, Patna. 2. The Chief Engineer, National Highway Upbhag, Bihar, Patna. 3. The Superintending Engineer, National Highway Circle, Road Construction Department, Bhagalpur. 4. The Superintending Engineer, Advance Planning Circle, Road Construction Department, Bhagalpur. 5. The Special Officer, Bihar Public Service Commission, Patna. 6. The Chief Engineer, Advance Planning Upbhag, Road Construction Department, Bihar, Patna. 7. Bihar Public Service Commission through its Chairman, Baily Road, Patna. . . . . . opposite parties. For the Petitioner : Mr. Madhu Prasun, Advocate For the State : Mr. Suresh Mishra AC to G.P. X For the B.P.S.C. : Mr. Rajesh Kumar, Advocate ----------- 7/ 20.07.2010 Mr. Madhu Prasun, learned counsel files Vakalatnama on behalf of the petitioner in place of earlier counsel, Mr. A.C. Nirankar, who is no more. The petitioner was working as Draftsman Grade-2 in Road Construction Department and his service was regularized vide order dated 05.03.1987. The petitioner filed C.W.J.C. No.3035 of 2004 for appointment as Junior Engineer, as in the meantime he acquired requisite qualification of Diploma, required for such promotion. He is aggrieved by order dated 11.07.2003, as contained in Annexure-14, whereby the Engineer-in-chief rejected his claim for appointment as Junior Engineer. This Court by order dated 28.10.2005 disposed of the writ 2 application bearing C.W.J.C. No. 3035 of 2004 with a direction to Engineer-in-chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, respondent no.1, to consider the case of the petitioner for appointment on the post of Junior Engineer in the light of 1976 Government decision within two months of the receipt / production of a copy of this order. A show-cause was filed by learned counsel for the State annexing the order dated 23.01.2006 whereby Additional Secretary, Road Construction Department, Bihar, Patna rejected the representation of the petitioner for promotion to the post of Junior Engineer in view of Resolution no. 11585 dated 09.11.1987. A supplementary show-cause has been filed by the learned counsel for the State wherein in paragraph 6 it has been stated that the post of Engineer-in-Chief, Road Construction Department was vacant at the time of the date of order of this Court up to 02.04.2007, as such the Principal Secretary passed order for compliance of this Court’s order. Counsel for the petitioner has referred to letter no. 2 dated 05.04.2010 issued by Technical Advisor, Road Construction Department addressed to Superintending Engineer, Road Construction Department wherein he had referred regarding the suggestion of the Government counsel in respect of grant of promotion to the petitioner. After hearing the parties, this Court observes that if petitioner files a fresh representation, respondent Engineer-in-chief- 3 cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Bihar, Patna would dispose of the same, keeping in view the Court’s order dated 28.10.2005 passed in C.W.J.C. No. 3035 of 2004. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)