IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.275 of 2009 Sanot Hembrom, son of Late Kharo Hembram, resident of village Sanjhofari, P.O.- Sukia Berhut, P.S. Baunsi, District- Banka, at present posted as Correspondence clerk Ganga Bridge Approach Road Works Division under the Superintending Engineer, Ganga Bridge Anchal-2, Road Construction Department, Bhagalpur, now at Executive Engineer, Vigilance Division-3 Head Office, Rural Works Department, Bihar, Patna. ………….. Petitioner Versus 1.The State Of Bihar through the Secretary, Road Construction Department, Bihar, Patna 2.The Secretary, Rural Works Department, Bihar, Patna 3.The Engineer-in-Chief-cum-Additional Commissioner- cum-Special Secretary, Road Construction Department, Wing Bihar, Patna 4.The Engineer-in-Chief, Rural Works Department, Bihar, Patna 5.The Chief Engineer, Ganga Bridge Project, Road Construction Department, Bihar, Patna 6.The Chief Engineer Sub-Section 3 Rural Works Department, Bihar, Patna 7.The Superintending Enginner Ganga Bridge Anchal No.2, Road Construction Department, Bhagalpur 8.The Superintending Engineer, Rural Works Department, Bhagalpur 9.The Executive Engineer, Ganga Bridge Approach Road Works Division, Road Construction Department, Bhagalpur 10.The Executive Engineer, Rural Works Department, Bhagalpur 11.The Executive Engineer, Vigilance Division-3, Head Office, Rural Works Department, Bihar, Patna. ………….. Respondents ----------- 2. 12/05/2011 In this writ application, petitioner has prayed for a direction to the respondents to consider his case and grant him merit promotion on the post of 2nd Grade Assistant from the due date with all consequential benefits. Case of the petitioner is that he was 2 appointed in the Road Construction Department as a Peon on 22.2.1984, and in due course of service, he was appointed as Correspondence Clerk. It is admitted that he has been granted second A.C.P. However, since he has now become entitled for merit promotion to 2nd Grade Assistant also, he desires that his case should be considered for the same also. A counter affidavit was filed in the case earlier on behalf of authorities of the Road Construction Department sworn by the Assistant Engineer of Gangapul Circle No.2, Bhagalpur. It is stated in paragraph 10 of the counter affidavit that the petitioner’s services have been transferred to Rural Works Department with effect from 1.5.2008. Hence, Road Construction Department cannot now consider his case for promotion, as prayed by him. Petitioner has filed rejoinder to the counter affidavit, in which he has annexed a Notification of the Road Construction Department dated 7.4.2008 as Annexure-10. This Notification shows that the employees working the Department of one Circle and 24 Divisions, as named in the Notification of the Road Construction Department, were transferred to the Rural Works 3 Department. However, learned counsel for the petitioner points out that the transfer of services of the petitioner and others by this Notification was under certain terms and conditions. One of the conditions was that till Engineering cadre of the Road Construction Department was not finally divided, the employees whose services were being transferred to the Rural Works Department were to be treated as employees working in the cadre of Road Construction Department. He submits that after this Notification, division of cadre has not yet been finalized. Hence, as per this stipulation in the Notification, petitioner still continues in the cadre of Road Construction Department. As such he is entitled for consideration for grant of service benefits including merit promotion by the Road Construction Department itself. It appears that the stand taken by the respondents in the counter affidavit is not in consonance with the notification of the Department. It is clear that, if the submission of learned counsel for the petitioner is correct, that there has been no final division of cadre of the employees till now, petitioner continues in the cadre of Road Construction 4 Department and therefore it is appropriate that the petitioner’s case should be considered by the Principal Secretary/Secretary of the Road Construction Department. In the circumstances, this writ application is disposed of with liberty to the petitioner to file a representation before the Principal Secretary/Secretary of the Road Construction Department, who shall consider the same in the background of the terms and conditions of the said Notification dated 7.4.2008 and shall pass appropriate orders on the same with consequential orders, if required, preferably within a period of three months from the date of receipt/production of a copy of this order. However, if he finds that the cadre has been finally divided and the services of the petitioner, for all practical purposes, stands transferred to Rural Works Department, case of the petitioner shall be referred to the Principal Secretary/Secretary of the Rural Works Department for the needful. Pradeep/ ( J. N. Singh,J.)