IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7221 of 2009 HARERAM JHA, SON OF LATE RAMUDGAR JHA, R/V SHRICHUR GAHAR, P.O. GAHAR, P.S. KHANPUR, DISTRICT SAMASTIPUR, AT PRESENT RESIDING AT QR. NO. C/15, L.R.P. COLONY, P.S. NAGAR, DISTRICT EAST CHAMPARAN-----PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, BIHAR, PATNA. 3. THE ENGINEER-IN-CHIEF-CUM-SPECIAL SECRETARY-CUM- ADDITIONAL COMMISSIONER, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE CHIEF ENGINEER, NATIONAL HIGH WAY WING, GOVT. OF BIHAR, PATNA. 5. THE SUPERINTENDING ENGINEER, N.H.CIRCLE, MUZAFFARPUR. 6. THE EXECUTINVE ENGINEER, N.H. DIVISION, MOTIHARI. 7. THE ESTABLISHMENT COMMITTEE OF N.H. CIRCLE, MUZAFFARPUR, REPRESENTED THROUGH THE SUPERINTENDING ENGINEER, N.H. CIRCLE, MUZAFFARPUR ----RESPONDENTS. ----------- 02. 01.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the office order bearing No. 05 dated 1.6.2009, Annexure-7 whereunder he has been reverted from the post of Correspondence Clerk to the Class IV post of Peon. 3. It is submitted on behalf of the petitioner that from the impugned order dated 1.6.2009 itself it will appear that petitioner was promoted to the higher Class III post of Correspondence Clerk under order bearing Letter No. 448 dated 7.8.2006 passed by the Superintending Engineer, N.H. Circle, Muzaffarpur, who is the competent authority for 2 granting such promotion, which fact has also been admitted in paragraph 2 of the impugned order. It is further submitted that without appreciating the instruction of the State Government contained in letter No. 1234 dated 4.12.2001, Annexure-1 impugned order has been passed, as under instruction dated 4.12.2001, 60% posts have been reserved for grant of promotion in the light of the seniority, vide resolution of the Government bearing Memo No. 7027/92/KA-335 dated 16.9.1992 referred to in paragraph 15 of this application. 4. It submitted by the counsel for the State that petitioner has not assailed the office order dated 1.6.2009 before the higher departmental authorities. 5. Accordingly, I direct the petitioner to assail the impugned order dated 1.6.2009, Annexure-7 before the Engineer-in-Chief-cum- Special Secretary –cum- Additional Commissioner, Road Construction Department, Government of Bihar, Patna, Respondent no.3 by filing representation on the ground that the same is violative of the instructions of the State Government contained in letter No. 1234 dated 4.12.2001, Annexure-1 as also the circular letter dated 3 16.9.1992 referred to in paragraph 15 of this application and such representation be considered by the Engineer-in-Chief-cum- Special Secretary – cum- Additional Commissioner, Road Construction Department, Government of Bihar, Patna, Respondent no.3 in accordance with law as early as possible, in any case within two months from the date of receipt/ production of a copy of this order. 6. It shall be open for the petitioner to apply for interim relief before the Engineer-in-Chief- cum- Special Secretary –cum- Additional Commissioner, Road Construction Department, Government of Bihar, Patna, Respondent no.3, which should also be considered in accordance with law. 7. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)