IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9632 of 2009 UPENDRA SON OF LATE SITARAM, RESIDENT OF VILLAGE CHARHUA (TURKI), P.S. KURHNI, DIST. MUZAFFARPUR …… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, GOVT. OF BIHAR, WATER RESOURCES DEPARTMENT, PATNA 2. THE DEPUTY SECRETARY TO GOVT. OF BIHAR, WATER RESOURCES DEPARTMENT, PATNA 3. THE JOINT SECRETARY TO GOVT. (MANAGEMENT), GOVT.OF BIHAR, WATER RESOURCES DEPARTMENT, PATNA 4. THE ENGINEER IN CHIEF, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 5. THE EXECUTIVE ENGINEER, WESTERN KOSHI CANAL, DIVISION KHAJOULI, P.S. KHAJOULI, DIST. MADHUBANI ….. RESPONDENTS. ----------- 2. 12.8.2009 Heard learned Counsel for the petitioner and the State. 2. Petitioner is presently serving as Assistant Engineer and is aggrieved by the notification of the State Government issued in the Water Resources Department bearing Memo no.1890 dated 9.6.2009 (Annexure-6) whereunder 59 Assistant Engineers placed below the petitioner in the gradation list have been promoted as Executive Engineer ignoring the seniority of the petitioner. 3. It has been submitted on behalf of the petitioner that he has been discriminated as while considering his case for promotion the authorities relied on the notification dated 16.1.2009 whereunder he has been imposed minor punishment, effect whereof is already over as would appear from the pay slip issued by the Accountant General Office, Bihar, Patna contained in Annexure-10 and in the light of Annexure-10 his case for promotion on the post of Executive 2 Engineer was required to be considered before issue of notification dated 9.6.2009. In this connection petitioner has already invited the attention of superior authorities of the Water Resources Department and the representations are dated 19.6.2009 (Annexure-7) and 8.7.2009 (Annexure-11). 4. Let the competent authority of Water Resources Department consider the aforesaid two representations of the petitioner dated 19.6.2009 and 8.7.2009 as contained in Annexures-7 and 11 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. 5. In the event the representation is allowed, then the case of the petitioner for promotion be considered by the D.P.C. in its next meeting. While considering the representation the authorities will look into the order dated 11.5.2009 (Annexure-5) whereunder petitioner was allowed the benefit of two Assured Career Progression. 6. This writ application is accordingly disposed of. Narendra/ ( V. N. Sinha, J. )