IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7100 of 2009 TILAK SAH, son of Late Sukhlal Sah, resident of village Bariyarpur, P.S. Dalauni, District East Champaran Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Public Works Department, Bihar, Patna 3. The Engineer-in-Chief-cum- Special Secretary –cum- Additional Commissioner, Road Construction Department, Government of Bihar, Patna 4. The Chief Engineer, National High Way Wing, Govt. of Bihar, Patna 5. The Superintending Engineer, N.H. Circle, Muzaffarpur 6. The Executive Engineer, N.H. Division, Motihari 7. The Establishment Committee of N.H. Circle, Muzaffarpur, represented through the Superintending Engineer, N.H. Circle, Muzaffarpur with CWJC No.7101 of 2009 SATYENDRA NARAYAN SINGH, son of Late Bhupendra Narayan Singh, resident of village- Rauta, P.O. Rauta, District Saharsa Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Public Works Department, Bihar, Patna 3. The Engineer-in-Chief-cum- Special Secretary –cum- Additional Commissioner, Road Construction Department, Government of Bihar, Patna 4. The Chief Engineer, National High Way Wing, Govt. of Bihar, Patna 5. The Superintending Engineer, N.H. Circle, Muzaffarpur 6. The Executive Engineer, N.H. Division, Motihari 7. The Establishment Committee of N.H. Circle, Muzaffarpur, represented through the Superintending Engineer, N.H. Circle, Muzaffarpur ----------- 02/ 29.06.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners in the two writ applications are aggrieved by the office order bearing No. 05 dated 1.6.2009, Annexures-1 and 4 to C.W.J.C. Nos. 7100 of 2009 and 7101 of 2009 respectively, whereunder they have been reverted from the post of Correspondence Clerk to the Class IV post of Peon. 3. It is submitted on behalf of the petitioners that 2 from the impugned order dated 1.6.2009 itself , it will appear that petitioner in C.W.J.C. No. 7100 of 2009 was promoted to the higher Class III post of Correspondence Clerk under order bearing Letter No. 450 dated 7.8.2006 and petitioner in C.W.J.C. No. 7101 of 2009 was promoted to the higher Class III post of Accounts Clerk under order bearing Letter No. 32 dated 16.1.2007, passed by the Superintending Engineer, N.H. Circle, Muzaffarpur, who is the competent authority for granting such promotion, which fact has also been admitted in paragraph 2 of the impugned order. It is further submitted that without appreciating the instruction of the State Government contained in letter No. 1232 dated 4.12.2001, Annexure-1 to C.W.J.C. No. 7100 of 2009, impugned order has been passed, as under instruction dated 4.12.2001, 60% posts have been reserved for grant of promotion in the light of the seniority, vide resolution of the Government bearing Memo No. 7027/92/KA-335 dated 16.9.1992 referred in paragraph 15 of C.W.J.C. No. 7100 of 2009. It is also submitted that petitioners have not assailed the office order dated 1.6.2009 before the departmental authorities. 4. Accordingly, I direct the petitioners to assail the impugned order dated 1.6.2009 before the Engineer-in-Chief- cum- Special Secretary –cum- Additional Commissioner, Road Construction Department, Government of Bihar, Patna, Respondent no.3 by filing representation on the ground that the same is violative of the instructions of the State Government 3 contained in letter No. 1232 dated 4.12.2001, Annexure-1 to C.W.J.C. No. 7100 of 2009 as also the circular letter dated 16.9.1992 referred to in paragraph 15 of C.W.J.C. No. 7100 of 2009 and such representation be considered by the Engineer-in- Chief-cum- Special Secretary –cum- Additional Commissioner, Road Construction Department, Government of Bihar, Patna, Respondent no.3 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. 5. It shall be open for the petitioners to apply for interim relief before the Engineer-in-Chief-cum- Special Secretary –cum- Additional Commissioner, Road Construction Department, Government of Bihar, Patna, Respondent no.3, which should also be considered in accordance with law. 6. These writ applications are, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)