IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9956 of 2009 UPENDRA NARAIN SINGH SON OF LATE LAKHAN SINGH RESIDENT OF VILLAGE-SIMRA, P.O & P.S.-PARSA BAZAR, DISTRICT- PATNA, AT PRESENT WORKING AS WELDER GRADE-II, HOT MIX PLANT, HAJIPUR, NATIONAL HIGHWAY MECHANICAL SECTION,HAJIPUR, DISTRICT- VAISHALI. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE ENGINEER-IN-CHIEF, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. THE CHIEF ENGINEER(MECHANICAL), ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY MECHANICAL CIRCLE, ROAD, PUNAICHAK, BIHAR, PATNA. 5. THE EXECUTIVE ENGINEER(MECHANICAL), NATIONAL HIGHWAY PLANNING DIVISION(MECHANICAL) SHEIKHPURA, PATNA. 6. DISTO PRASAD SINGH SON OF FATHER’S NAME NOT KNOWN, WELDER GRADE I HOT MIX PLANT, NATIONAL HIGH WAY (MECHANICAL) DIVISION, GAIGHAT,PATNA 7. DINESH PRASAD BHUSHAN SON OF FATHER’S NAME NOT KNOWN, FOREMAN, NATIONAL HIGHWAY (MECHANICAL) DIVISION, DEHRI ON-SONE, ARRAH. 8. RAMA KIRAN KUMAR SINGH SON OF FATHER’S NAME NOT KNOWN, FOREMEN WORKSHOP, NATIONAL HIGHWAY (MECHANICAL)DIVISION, PATNA. ... ... RESPONDENTS. ----------- 2. 19.8.2009. Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the order bearing No.308 dated 20.3.2008(Annexure-1) passed by the Chief Engineer(Mechanical)of the Road Construction Department where under the learned Chief Engineer has rejected the prayer of the petitioner for promotion on the - 2 - N.H./ ground that petitioner is still in the Work Charge Establishment. Learned counsel for the petitioner states that observation of the learned Chief Engineer that petitioner is still in the Work Charge Establishment, is error of record as would appear from office order no.94 dated 7.6.1984 where under petitioner was regularized in the regular establishment with effect from the date of appointment in the Work Charge Establishment and the said order is contained in Annexure-3 to this application. Let the petitioner highlight the aforesaid aspect of the matter before the respondent no.2 by filing representation which should be considered in accordance with law in the light of the contents of the office order dated 7.6.1984(Annexure-3) as early as possible in any case within one month from the date of its receipt. ( V.N. Sinha,J.) - 3 -