IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3626 of 2004 1. VIJAY KUMAR S/O BRIJ NANDAN SINGH R/O VILLAGE- BIRAMPUR, PO- LOHARA PS- HARNAUT, DISTT- NALANDA 2. ANIL KUMAR, S/O DEVENDRA PRASAD R/O MAIN ROAD, MASAURHI, PO. & PS- MASAURHI, DISTT- PATNA --------- ---------------------------------PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH SECY. ROAD CONSTRUCTION DEPTT. GOVT. OF BIHAR, PATNA 2. THE SECY. ROAD CONSTRUCTION DEPTT. GOVT. OF BIHAR, VISHWASHARIYA BHAWAN, BAILEY ROAD, PATNA. 3. THE ENGINEER-IN-CHIEF, ROAD CONSTRUCTION DEPTT. VISHWASARAIYA BHAWAN, BAILEY ROAD,PATNA 4. THE SPECIAL SECY. GOVT. OF BIHAR(ROAD CONSTRUCTION DEPARTMENT) 5. RAJIV KUMAR S/O SACHIDANAND YADAV OF VILL- MILKI, PO & PS- NAUGACHHIA, DISTT- BHAGALPUR 6. SANJIV KUMAR SINHA S/O INDAL SINHA OF VILL-GIRA, PO & PS- OBRA DISTT- AURANGABAD 7. RAMESH PRASAD SINGH S/O GANGA PRASAD SINGH OF VILLAGE-ADHWARA, PO- BHATURA, PS- HATHAURI, DISTT- SAMASTIPUR----------------------RESPONDENTS. ----------- For the Petitioners: Mr. S.K.Sinha-2, Advocate Mr. Dr. V.N. Kumar & Mr. Arvind Pd.Singh,Advocates For the State: Mr. Shambhu Nath AC to GP.X For Respondent Nos. Mr. Suraj Nr. Yadav, Advocate 4 & 5 Mr. B.K. Sinha, Advocate. ---------- 7 16.8.2010 Heard learned counsel for the parties. Petitioners have challenged both annexures 1 and 3 by virtue of which their representations came to be rejected by the respondents on the ground that these petitioners had passed the examination held by A.M.I.E. which is a degree examination in engineering prior to coming into the service of the State on the post of Junior Engineer. The issue was promotion to the post of Assistant Engineer under a quota and the same was available to all such Junior Engineers who had acquired the degree during the period of service and had rendered five years of service under the respondents. The dispute of the kind travelled to Hon’ble - 2 - Supreme Court and based on a decision rendered in the case of Pramod K. Pankaj vrs. The State of Bihar & Ors. reported in 2004(2) PLJR SC 84 the circular dated 21.2.008 came to be issued by the respondents by virtue of which the distinction made in between those who had acquired degree during the service period and the persons who had acquired degree prior to coming into the service was done away with. By virtue of such a notification and the subsequent development, obviously the decision contained in annexure-3 cannot be sustained. The order is quashed and the matter is remitted back to the department for reconsideration keeping in mind the decision of the Hon’ble Supreme Court referred to above as well as the above circular taken note of. The decision also taken in terms of annexure-1 dated 30.12.2003 shall require reconsideration. This writ application stands disposed of with the above direction/observation. RPS (Ajay Kumar Tripathi,J.)