IN THE HIGH COURT OF JUDICATURE AT PATNA. C.W.J.C. NO. 9215 OF 2009. JWALA PRASAD, SON OF LATE VIMAL RAM, RESIDENT OF VILLAGE- BARDIHA, P.O.- CHANDI, P.S.- CHARPOKHARI, DISTRICT- BHOJPUR AT ARA, AT PRESENT POSTED AS EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD, DIVISION- BHAGALPUR, DISTRICT- BHAGALPUR :--- PETITIONER. -VERSUS- 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HOUSING, GOVT. OF BIHAR, NIRMAN BHAWAN, BAILEY ROAD, PATNA. 3. THE DEPUTY SECRETARY, DEPARTMENT OF HOUSING, GOVT. O BIHAR, NIRMAN BHAWAN, BAILEY ROAD, PATNA. 4. THE MANAGING DIRECTOR, THE BIHAR STATE HOUSING BOARD, 6, MANGLES ROAD, PATNA. 5. THE SECRETARY, THE BIHAR STATE HOUSING BOARD, 6 MANGLES ROAD, PATNA. :---- RESPONDENTS. 6. SRI PRABHUNATH CHOUDHARY, SON OF NOT KNOWN, PRESENTLY EXECUTIVE ENGINEER POSTED AS TECHNICAL SECRETARY TO THE CHIEF ENGINEER, BIHAR STATE HOUSING BOARD, PATNA :--- PRIVATE RESPONDENT. ==== For the petitioner : Mr. Ganesh Prasad Singh, Senior Advocate with M/S Dr. Kislay & Ajay Kumar, Advocates. For the Housing Board : Mrs. Nilu Agrawal and Mr. Manoj Kumar, Advocates. For the State :- Mr. S.K.Jha, A.C. to A.A.G.-7. For Respondent No.6: Mr. Anil Kumar Sinha, Advocate. ===== 8. 23.07.2010. Heard learned counsel for the petitioner, State of Bihar, Bihar State Housing Board (hereinafter referred to as the “Board”) and Private Respondent No. 6. 2. This writ application has been filed for quashing the seniority list of the Executive Engineers (Civil) serving the Board published under Office Order No. 4671 dated 18.12.2004, Annexure-10 on the ground that while publishing the seniority list seniority in the grade of Executive Engineer has been taken into account but not the seniority of the service which is to be adjudged on the basis of date of entry in the service i.e. date of - 2 - appointment as Assistant Engineer and as petitioner was appointed in the service of the Board as Assistant Engineer prior to Private Respondent No. 6 he is required to be shown above him in the seniority list of the Executive Engineers despite the fact that he has been promoted as Executive Engineer after Respondent No. 6. 3. Counsel for the Board and Private Respondent No. 6 have opposed the prayer. They state that in the Board there are two separate cadres, one of Assistant Engineer and the other of Executive, Superintendent and Chief Engineers. It is further submitted by them that the seniority list of the Executive Engineers of the Board is to be published on the basis of the date of promotion on the post of Executive Engineer and not on the basis of the date of appointment as Assistant Engineer. 4. Learned counsel for the petitioner with reference to the order promoting M/S Krishna Kumar Lal, Chandeshwar Prasad Yadav, Jagdish Jha as Executive Engineer submitted that their position, as shown in the impugned seniority list does not correspond to the date of their promotion as Executive Engineer and in appreciation of such fact there may not be any difficulty in concluding that the seniority position, as reflected in the seniority list, Annexure-10 is not on the basis of the date of promotion on the post of Executive Engineer. With reference to the aforesaid submission it is submitted that in any case the - 3 - seniority position, as reflected in the seniority list dated 18.12.2004 is neither on the basis of the date of promotion on the post of Executive Engineer nor on the basis of the date of appointment on the post of Assistant Engineer, as such, it appears to be a hybrid of the two positions and have been prepared infracting Rule 21 of the P.W.D. Code, Part-2, Schedule-1 which require the seniority list to be prepared on the basis of date of entry in the service as the confirmation is only made in the initial grade of Assistant Engineer and not in the promoted grade of Executive Engineer. 5. Having heard counsel for the parties, I direct the Managing Director of the Board to again publish the seniority list of the Engineers serving in the Board taking into account the relevant rules/circulars/notifications issued by the Board/State Government from time to time, 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 before the Managing Director and having published the seniority list to consider the case of all eligible persons for promotion on the post of Superintending Engineer, in accordance with law. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)