IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2934 of 2007 1. Ram Gulam Ram, SON OF REBI RAM, RESIDENT OF VILLAGE- BARARI CHAUGAMA, POLICE STATION- BENIPATTI, DISTRICT- MADHUBANI AT PRESENT POSTED AS JUNIOR ENGINEER, PATH PRAMANDAL, SITAMARHI, ROAD CONSTRUCTION DEPARTMENT, BIHAR. 2. RADHA KRISHNA RAM, SON OF BHAROSI RAM, RESIDENT OF VILLAGE- GALPUR, POLICE STATION- MANJHI, DISTRICT- CHAPRA AT PRESENT POSTED AS JUNIOR ENGINEER, ROAD CONSTRUCTION DEPARTMENT, JHARKHAND, RANCHI :--- PETITIONERS. Versus 1.The State Of Bihar 2. THE COMMISSIONER-CUM-SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE ENGINEER-IN-CHIEF, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 4. DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. THE CHIEF ENGINEER, ROAD DIVISION CIRCLE, ROAD CONSTRUCTION DEPARTMENT, PATNA. 6. THE SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, SITAMARHI. 7. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, SITAMARHI. 8. THE STATE OF JHARKHAND THROUGH THE COMMISSIONER- CUM-SECRETARY, ROAD CONSTRUCTION DEPARTMENT, JHARKHAND, RANCHI :---RESPONDENTS. ---------------------------------- For the petitioner :- Mr. Vishwambhar Prasad, Advocate. For the Jharkhand State :- Mr. Dhruba Mukherjee, Advocate. For the State of Bihar :- Mr. Shailendra Kumar Jha, A.C. to S.C. 14. ====== 3. 09.09.2011. Heard learned counsel for the petitioners, State of Bihar, State of Jharkhand. 2. Petitioners are the members of the Bihar Subordinate Engineering Service. Their seniority position in the final Gradation-List is at Serial No. 2076, 2075. They have filed this writ petition praying, inter alia, to direct the two States of Bihar and Jharkhand to consider their case for 2 promotion as Assistant Engineer in the Bihar Engineering Service, Class-II with effect from 24.3.2005, the date from which M/S Girija Prasad Rajak, Akshay Lal Rajak, Chandrashekhar Prasad, Kamdev Das who are admittedly below the petitioners in the Gradation-List were promoted vide notification issued by the State of Bihar bearing Memo No. 1268 (s) dated 24.3.2005, Annexure-2. In this connection it is submitted on behalf of the petitioners that even after final allocation of the cadre of the Junior Engineers of the Road Construction Department of the United State of Bihar made on 13.4.2005 the seniority position of the Junior Engineers, as indicated in the final Gradation-List published on 10.3.2003 shall prevail. 3. In view of the final allocation of the cadre of the Junior Engineers to the Road Construction Department of the united State of Bihar made on 13.4.2005, I direct the two States of Bihar and Jharkhand to consider the case of Petitioner Nos. 1,2 for promotion on the post of Assistant Engineer as Junior Engineers junior to them have already been so promoted under notification dated 24.3.2005 of the State of Bihar 3 contained in Annexure-2 to this application. Necessary consideration of the matter in the light of this order be made by the authorities of the two States, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. It goes without saying that while considering the case of the petitioners for promotion as Assistant Engineer the authority shall also consider their case for grant of A.C.P., provided the same is admissible to them. 4. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)