IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7342 of 2010 UDAI SHANKER PRASAD AGED ABOUT 59 YEARS SON OF LATE RAMDEO PRASAD SINHA, RESIDENT OF FLAT NO. 2 E GOVINDA ENCLAVE, DR. RAMGOVIND SINGH PATH, P.S. KANKARBAGH, DISTRICT- PATNA PSTED AS SUPERINTENDING ENGINEER, FLYING SQUAD CIRCLE SICHAI BHAWAN, PATNA. 2. KISHOR KUMAR AGED ABOUT 55 YEARS SON OF LATE PASHUPATI PD. SINHA, REISIDENT OF PANKHATOLI, P.S. KAZIMDPUR, DISTRICT- MUZAFFARPUR AT PRESENT POSTED AS TECH. SECRETARIAT TO CHIEF ENGINEER, BIRPUR. 3. SRI JNAN JPRAKASH LAL AGED ABOUT 48 YEARS SON OF LATE R.D. PRASAD, RESIDENT AT VIJAY COMPLEX RAMPUR ROAD, P.S. SULTANGANJ, DISTRICT- PATNA-6 I.d. NO. 3188 POSTED AS ASSISTANT ENGINEER, DAM AND GATE DIVISION NO.4 ANISHABAD, PATNA……………………. PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS GOVT. OF BIHAR, PATNA 4. THE PRINCIPAL SECRETARY, WATER RESOURCES DEPTT. GOVT. OF BIHAR, PATNA……………………… RESPONDENTS. ----------- 4 12-10-2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners claim to be engineers in the Water Resources Department, Government of Bihar. They have not challenged any promotion granted on the basis of reservation to members of Scheduled Castes and Scheduled Tribes. The writ petition challenges a letter dated 5th February, 2008, which is contained in annexure-1. By that letter the Secretary in the department of Personnel and Administrative Reforms, Government of Bihar issued 2 clarification addressed to the Principal Secretary, Water Resources Department and Road Construction Department, Government of Bihar that because of 85th Constitutional Amendment the earlier provisions for reservation to members of Scheduled Castes and Scheduled Tribes in the matters of promotion on the basis of reservation roster will continue. The clarification contained a further observation that the seniority of the concerned promottees who were promoted prior to 17-6-1995 will remain unaffected and on the basis of such seniority they will be considered for promotion and if they get promotion by virtue of seniority then the members of the Scheduled Castes and Scheduled Tribes shall be counted in the general category. There is also a challenge to gradation list of various ranks of engineers in the department concerned. We are not persuaded to accept the submission that a letter of the Secretary will have a statutory flavour and requires consideration whether the letter violates the permissible limits of reservation in promotion. Further, we find that the letter merely reiterates the well accepted legal position that those who gained promotion by virtue of 3 seniority without any aid of provisions of reservation have to be counted in the general category. Thus, even the observations in the letter do not violate any law laid down by the Apex Court. So far as the challenge to the gradation lists are concerned the same cannot be entertained because the persons affected are not impleaded as respondents. In the facts of the case, we find no merit in this writ petition. It is accordingly dismissed. Naresh ( Shiva Kirti Singh, J.) ( Hemant Kumar Srivastava,J)