IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18476 of 2009 1. AWADHESH PANDEY S/O LATE RAGHUNANDAN PANDEY AT PRESENT WORKING AS TECHNICAL ADVISOR/ EXECUTIVE ENGINEER IN THE OFFICE OF THE SUPERINTENDING ENGINEER, DRINKING WATER & SANITATION CIRCLE, HAZARIBAGH, DISTT- HAZARIBAGH Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, PUBLIC HELATH ENGINEERING DEPARTMENT, GOVT. OF BIHAR, PATNA 2. ENGINEER-IN-CHIEF-CUM-FINANCIAL SECRETARY, PUBLIC HELATH ENGINEERING DEPARTMENT, BIHAR, PATNA 3. STATE OF JHARKHAND, THROUGH PRINCIPAL SECRETARY, DRINKING WTER AND SANITATION DEPARTMENT,STATE OF JHARKHAND, RANCHI 4. PRINCIPAL SECRETARY, DRINKING WATER AND SANITATION DEPARTMENT, STTE OF JHARKHAND, RANCHI 5. ENGINEER-IN-CHIEF, DRINKING WATER AND SANITATION DEPRTMENT, JHARKHAND, RANCHI ----------- 2. 2.4.2010 Heard learned counsel for the petitioner, for the State of Bihar and for the State of Jharkhand. The petitioner was aggrieved by the denial to be considered and promoted to the rank of Executive Engineer when his juniors came to be so promoted leading to the institution of C.W.J.C. No. 3533 of 2004 by him. Allowing the writ application on 18.8.2006, this Court directed that the petitioner was declared fit for promotion with effect from 1.4.1998, the date on which his juniors were promoted and the respondent State of Bihar were directed to issue appropriate notification within a period of three months. That notification has been issued on 13.11.2006 promoting 2 him as an Executive Engineer with effect from 1.4.1998. The petitioner has now been allocated the State of Jharkhand consequent to the reorganization of the State of Bihar. Learned counsel for the petitioner submits that though he has been promoted to the post of Executive Engineer with effect from 1.4.1998, the respondent State of Bihar was not fixing his seniority position appropriately and accordingly in the seniority list, the last of which was prepared in 2002 before the impugned order came to be passed and which shall accordingly prejudice consideration of his case for further promotion in the State of Jharkhand. Counsel for the State of Jharkhand submits that after the correct seniority position of the petitioner on the rank of Executive Engineer was received appropriate consideration of the case of the petitioner for further promotion if any shall be done in accordance with law. Counter affidavit has been field on behalf of the State of Bihar. Suffice it to say that the specific pleading of the petitioner in Paragraphs 15 to 17 have been dealt with in a very cavalier manner in Paragraphs 12 and 13 of the counter affidavit. This Court expects the State officials to act more responsibly keeping in 3 mind that it was their constitutional obligation to assist the Court in dispensation of justice. Faced with that predicament counsel for the State acknowledges that it is the bounden duty of the State of Bihar to now fix the seniority position of the petitioner in the grade of Executive Engineer and formal orders be passed. Mandamus is issued to the State of Bihar to fix his seniority position as Executive Engineer within a maximum period of four weeks from the date of receipt/production of a copy of this order and forward the same to the State of Jharkhand in like period of time. The writ application stands allowed. P. Kumar (Navin Sinha, J.)