IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8066 OF 2008 1. ARUN KUMAR, SON OF SHRI RAMANAND SINGH, RESIDENT OF VILLAGE KARHARA, POST OFFICE SHERA, POLICE STATION SIGODI (PALIGANJ), DISTRICT PATNA. PRESENTLY WORKING AS JUNIOR ENGINEER, PATNA CITY, BUILDING DIVISION, GULJARBAGH, PATNA 2. ARVIND KUMAR SINGH, SON OF LATE BHUVNESHWAR SINGH, RESIDENT OF VILLAGE BAURHI, POLICE STATION DHANARUA, DISTRICT PATNA. PRESENTLY WORKING AS JUNIOR ENGINEER, BUILDING DIVISION, GULJARBAG, PATNA ………………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR & ORS ********** 2 10/05/2010 The petitioners were appointed as Junior Engineers in the Engineering Cell of the Education Department. A decision was taken by the State Government to absorb the petitioners and other persons appointed in different departments of the Government of Bihar as Junior Engineers in the Building Construction Department and a gradation list was prepared in the year 2003 in which the petitioners were shown to be senior to the private respondents of the gradation list of 2009. The said gradation list of 2003 was again corrected in the year 2007 where the petitioners’ name found place in the regular list. In the year 2009, a gradation list was prepared where the petitioners have been put in the Schedule of the gradation list. The main challenge of the petitioners is that firstly they could not have been put in the Schedule of the gradation list and they ought to have been included in the 2 regular gradation list and given seniority in accordance with the date of appointment. A counter affidavit has been filed in which a stand has been taken that the petitioners would not be entitled for being granted any promotion or benefit as they have been kept in the Annexures of the 2009 gradation list. A similar writ application challenging the same gradation list of 2009 was heard by this Court in CWJC No. 8628 of 2009 which was disposed of by order dated 25.07.2009. This Court while disposing of the writ application has directed the Principal Secretary, Road Construction Department to consider the representation of the petitioners and pass orders within a period of three months from the date of receipt of the representation. The facts raised in this writ application are similar to the facts raised in the writ application mentioned above and as such the Principal Secretary, Road Construction Department, Government of Bihar, Patna ought to take a decision with respect to the placement of the petitioners in the gradation list keeping in mind that the Government decision to absorb the petitioners on the regular basis in the Road Construction Department and the fact that the petitioners have been appointed in the year 1981. The decision not to grant 3 promotion to such persons who had been regularly appointed as Junior Engineers as mentioned at paragraph 5 of the counter affidavit filed in this Court on 04.08.2009 cannot prima facie be justified. The Principal Secretary not only should take a decision with respect to placing the petitioners in the gradation list of the Road Construction Department but also should take into consideration the fact that whether the petitioner would be entitled for grant of A.C.P. and promotion to the post of Assistant Engineer from the date on which it was granted to the persons similarly situated or those who were appointed after the petitioners. This application is thus disposed of with the direction to the petitioners to file a representation within a period of two weeks on receipt of a copy of this order and a direction to the Principal Secretary, Road Construction Department, Government of Bihar, Patna to dispose of the aforesaid representation within a period of two months of filing of the said representation. Anand ( Sheema Ali Khan, J.)