IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1794 of 2002 1.KRIPAL MATHO, son of late Niranjan Mahto, presently residing in Ganga Bridge Colony, Near Good Ki Mandi, Pitambara Mandir, P.O. and P.S,Alamganj, Dist-Patna. 2.Ram Jee Singh son of late Deonath Singh residing at Ganga Bridge Colony, Near Good Ki Mandi, Pitambara Mandir, P.O. and P.S.,Alamganj, Dist- Patna.3.Kamlesh Prasad Lal Deo son of late Sri Sarowar Lal Deal, residing at Ganga Bridge Colony, Near Good Ki Mandi, Pitambara Mandir, P.O. and P.S.,Alamganj, Dist-Patna.4.Rajendra Paswan son of Jagu Paswan, residing at Ganga Bridge Colony, Near Good Ki Mandi, Pitambara Mandir, P.O. and P.S.,Alamganj, Dist-Patna.5. Sheonath Singh son of late Chaturi Singh, residing at Ganga Bridge Colony, Near Good Ki Mandi, Pitambara Mandir, P.O. and P.S.,Alamganj, Dist-Patna.6. Ravindra Prasad Singh son of Har Hangi Prasad at present posted National Highway Circle Darbhanga, District-Darbhanga, 7.Ramshray Ram son of late Mahabir Ram, presently residing at Ganga Bridge Colony, Babuaganj P.O.Gulzarbagh, P.S. Alamganj, Patna.8. Ashok Kumar Gupta, son of Ramlakhan Prasad, at present resideing at Bariya P.O.-Bariya, P.S.Gaurichak, 9.Pramod Kumar Verma son of late Ram Chandra Prasad Srivastava , presently residing at Ram Bhadra near Chaura, P.O.Hajipur, P.S.Hajipur, Dist-Vaishali, 10.Mohan Lal son of late Harihar Prasad, Dalhatta, Maroof Ganj, Post-Patna City, P.S.Malsalami, Dist-Patna………PETITIONERS Versus 1. THE STATE OF BIHAR through Commissioner cum Secretary, Department of Road Construction, Govt. of Bihar, Vishwasariya Bhawan, Patna. 2. The Engineer in Chief, Department of Road Construction, Govt. of Bihar, Vishwasariya Bhawan, Patna. 3. The Chief Engineer, Nation Highway Branch, Department of Road Construction, Govt. of Bihar, Vishwasariya Bhawan, Patna. 4. Superintending Engineer National High Way Work Circle, Road Construction Department, Govt. of Bihar, Vishwasariya Bhawan, Patna. 5. Superintending Engineer, National Highway Circle, Darbhanga, Bihar, Patna. 6. Executive Engineer, National Highway division, Patna. 7. Special Secretary, Department of Raod Construction, Govt. of Bihar, patna…………Respondents. ----------- 2 For petitioners:-Mr.Amber Nath Bannerjee, Adv. Mr. Anil Kumar Roy, Adv. For State:-SC-XI & JC to SC-XI Engineer-in-Chief (in person) ---------- 3/ 12-Nov-08 Heard learned counsel for the petitioner and learned counsel for the State. Upon instruction received from the Engineer-In-chief, Road Construction Department, Govt of Bihar, learned counsel for the State submits that the gradation list or a list of Class- IV employee with necessary particulars to show who are the Class-IV employee in regular establishment and since when, shall be published within two months. This instruction is in context of a statement in the counter affidavit that gradation list shall be published when it is ready. The list could not be made ready till date though the said counter affidavit was filed in August,2002. Now, in view of the aforesaid assurance, the writ petition can be disposed of at the stage of admission in view of the limited prayer of the petitioners that their case be considered expeditiously for promotion to Class-III posts in the quota of Grade- IV employees as per policy decision of the State Government. Another grievance of the petitioners is 3 the authorities have been taking work of Class-III post without paying officiating allowance. The writ petition is disposed of with a direction to the respondents to prepare the gradation list or list of Class-IV employee with necessary particulars within a period of two months so that petitioners may know whether they are in regular establishment or in work charged establishment and eligible for being considered for promotion. The conduct of limited examination for promotion of eligible Class-IV employee to Class- III post is to be done by Bihar Karamchari Chayan Ayog, Patna. It is expected that the department shall take required steps as per law to communicate the vacancies as well as the list of eligible Class-IV employee who are willing to take limited examination for promotion to the Bihar Karamchari Chayan Ayog at an early date preferably within four months from today. The claim for officiating allowance may be submitted by the concerned petitioners before their superior officers along with necessary proof that they have officiated under valid orders and if such claims are filed they shall be considered for payment as per law within the aforesaid period of 4 four months. The writ petition is disposed of. perwez (Shiva Kirti Singh, J.)