IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.504 of 2007 Against the judgment and order passed by learned Single Judge in C.W.J.C. No. 7495 of 2006 1. The State Of Bihar. 2. The Secretary, Road Construction Department Government of Bihar, Patna. 3. The Deputy Secretary-cum-Chief Vigilance Officer, Road Construction Department Government of Bihar, Patna. 4. The Deputy Secretary, Cabinet (Vigilance) Government of Bihar, Patna. .... .... Appellants-Respondents. Versus 1. Arjun Kumar Sinha, son of Sri Ram Kishore Prasad Sinha, resident of Bhikhanpura, P.O. & P.S. – Khabara, District – Muzaffarpur at present working as Assistant Engineer, Building Circle, R.C.D. Muzaffarpur. 2. Ramesh Chandra Upadhyay, son of Sri Badri Narain Upadhyay, resident of Shankarpuri Satpura, P.O. Ramana P.S. and district – Muzaffarpur at present working as Assistant Engineer, N.R.E.P. Motihari. .... .... Respondents – Petitioners. ******* Appearance : For the Appellants : Mr. Prahalad Kumar Bhagat,G.P. 13 For the Respondents : Mr. Rajendra Pd. Singh, Sr. Adv. Mr. Onkar Kumar, Adv. ******** ***** P R E S E N T THE HON'BLE JUSTICE SMT. T. MEENA KUMARI THE HON'BLE MR. JUSTICE AKHILESH CHANDRA ****** T.Meena Kumari & Akhilesh Chandra, JJ. Heard learned counsel for the appellants and learned counsel for the respondents. This Letters Patent Appeal has been filed against the order dated 29.3.2007 passed in C.W.J.C. No. 7495 of 2006, wherein the unofficial Patna High Court LPA No.504 of 2007 dt.24-06-2011 2 respondents have chosen to question of inaction the the appellants on not promoting them to the post of Executive Engineers. The case of the respondent nos. 1 and 2 was considered in the earlier order passed by this court in C.W.J.C. No. 3113 of 1997 disposed of on 10.04.1997 where a direction is issued to the appellants to consider the claim of the respondents with regard to date of seniority and promotion. Accordingly, the date of promotion of the respondent nos. 1 and 2 on the post of Assistant Engineer was shifted with respect to respondent no. 1 from 17.01.1985 and he was deemed to have been promoted with effect from 17.01.1985 and in respect to respondent no. 2 with effect from 13.03.1986. Contention has been raised by the learned Senior Counsel appearing on behalf of the State that no junior to the respondent nos. 1 and 2 were promoted. But however, learned Single Judge having taken note of the earlier judgment of this court directed the Secretary, Road Construction Department, Government of Bihar to consider the due promotion of the respondents and their position Patna High Court LPA No.504 of 2007 dt.24-06-2011 3 in the gradation list in the year 2002. Further, a direction was issued that the respondents should be given promotion to the post of Executive Engineer with effect from the date the juniors to the respondents have been given promotion. A supplementary affidavit has been filed by the State, showing the position of the unofficial respondents in the gradation list and also submission was made that no juniors to the unofficial respondents have been promoted to the post of Executive Engineers. But considering the earlier judgment passed by this court in C.W.J.C. No. 3113 of 1997 dated 10.04.1997, which reached its finality, directing the State to shift the date of promotion of the respondent nos. 1 and 2 on the post of Assistant Engineer, the State has implemented the said order and shifted the dates of promotion of respondent no. 1 to 17.01.1985 and also with effect from 13.03.1986 to respondent no. 1. Accordingly, the seniority of respondent nos. 1 and 2 has to be determined with effect from those dates. Under the above circumstances, we are of the opinion that the submission of the State to the effect that no juniors have been promoted, cannot Patna High Court LPA No.504 of 2007 dt.24-06-2011 4 have any force in the absence of any material to the show that the case of the respondent nos. 1 and 2 has been considered taking the date of promotion as 17.01.1985 and 13.03.1986 respectively. Under the above circumstances, we do not find any illegality in the order of learned Single Judge and accordingly the Letters Patent Appeal stands dismissed. Patna High Court Date : 24th June, 2011 Rajeev/Praveen/N.A.F.R. (T. Meena Kumari, J.) ( Akhilesh Chandra, J.)