IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6881 of 2009 1. ASHOK KUMAR, SON OF LATE JAI NARAIN SINGH, RESIDENT OF 8M/3, BAHARDURPUR HOUSING COLONY, P.S. AGAM KUAN, DISTRICT PATNA, AT RESENT ASSISTANT ENGINEER, SOIL INVESTIGATION DIVISION, RURAL WORKS DEPARTMENT, PATNA. 2. ASHOK KUMAR SINHA, SON OF SRI ISHWAR SHARAN SRIVASTAV, R/V HARIHANS, P.O. HARIHANS, P.S. HUSSAINGANJ, DISTRICT SIWAN, AT PRESENT ASSISTANT ENGINEER, NREP, RURAL WORKS DEPARTMENT, DARBHANGA --------PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-CUM- COMMISSIONER, RAOD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, VISHESHWARAIYA BHAWAN, PATNA. 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, VISHESHWARAIYA BHAWAN, PATNA. 3. THE JOINT SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, VISHESHWARAIYA BHAWAN, PATNA. 4. THE DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, VISHESHWARAIYA BHAWAN, PATNA-----RESPONDENTS. ----------- 02. 16.07.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are presently serving as Assistant Engineer. They are aggrieved by the action of the State Respondents for their failure not to consider them for grant of promotion on the post of Executive Engineer. They are further aggrieved by the notification bearing memo No. 8695 dated 3.7.2008, Annexure-6 whereunder their seniority has been assigned at serial Nos. 922 and 924 indicating that they were promoted as Assistant Engineer with effect from 28.7.1995 and 28.9.1995. 3. Counsel for the petitioners submitted that the assignment of the seniority under notification dated 3.7.2008, Annexure-6 at serial nos. 922 and 924 is contrary to the records and in teeth of the notification dated 28.9.1995, Annexure-1 whereunder petitioners were promoted as Assistant Engineer with effect from 11.12.1987 and - 2 - 01.10.1988. While notifying the seniority list under notification dated 3.7.2008, Annexure-6 the authorities ought to have shown the petitioner promoted on the post of Assistant Engineer with effect from 11.12.1987 and 01.10.1988 and not with effect from 28.7.1995 and 28.9.1995. Highlighting the aforesaid aspect of the matter, petitioners have represented before the Government and the representation is dated 12.7.2008 and 18.8.2008, Annexures- 7 and 7/1. 4. Let the authorities of the Government consider the representation of the petitioners dated 12.7.2008 and 18.8.2008, Annexures- 7 and 7/1 and pass appropriate orders 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. It goes without saying that if the seniority position of the petitioners in the cadre of Assistant Engineer is corrected and restored then the petitioners be allowed the consequential benefit of being considered for promotion on the higher post of executive engineer in accordance with law. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)