IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17406 of 2009 1. HARIBANSH SINGH S/O LATE SHIV RAJ SINGH R/O VILL.- NAUTAN, P.S.- VIJAYPUR, DISTT.- GOPALGANJ, AT PRESENT POSTED AS JUNIOR ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION SUPAUL, DISTT.- SUPAUL Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY ROAD CONSTRUCTION DEPARTMENT, VISHESHWARAIYA BHAWAN, PATNA, DISTT.- PATNA 2. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT VISHESHWARAIYA BHAWAN, PATNA, DISTT.- PATNA 3. THE ENGINEER-IN-CHIEF ROAD CONSTRUCTION DEPARTMENT, VISHESHWARAIYA BHAWAN, PATNA, DISTT.- PATNA 4. THE CHAIRMAN BIHA PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA, DISTT.- PATNA With CWJC No. 4760 of 2009 1. Bimal Chand Prasad S/o Shri Deonandan Prasad, resident of at & P.O- Dhanama, Police Station- Chandradeep, District- Jamui Versus 1. The State of Bihar, through Secretary of Road Construction Department, Bihar, Patan 2. The Engineer-in-Chief cum Spl. Secretary Addl. Commissioner, Bihar, Patna 3. The Joint Commissioner (Pro. Co), Road Construction Department, Bihar, Patna 4. The Joint Secretary, (Pro-Co) Road Construction Department, Bihar, Patna. With CWJC No. 16113 of 2006 1. Umesh Chandra Prasad, Son of Lal Bihari Prasad resident of Village- Sarbarhana, P.S.- Ariari, District- Sheikhpura. 2. Ramanshankar Prasad, son of late Radhu Krishna Prasad, resident of Village- Meghuar, P.S.- BiharSharif , District- Nalanda 3. Mahesh Prasad, son of late Deo Nandan Prasad Singh resident of Village Kagri, Muhalla, P.S. Biharsharif, District- Nalanda 4. Rajesh Kumar son of Sri Ram Padarth Singh B.K. C/o B.K. Sinha, C.P. Thakur Road No. 2, West Prof. Colony Shivpuri, Patan-23. Versus 2 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Road Construction Department, State of Bihar, Patna 3. The Special Secretary, Road Construction Department State of Bihar, Patna 4. The Engineer-in-Chief-cum-Special Secretary, Public Road Construction Department, State of Bihar, Patna. 5. The Joint Secretary, Public Construction Department, State of Bihar, Patna. -------------- 2. 19.2.2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar Public Service Commission. This batch of three writ applications is being disposed at the stage of admission with consent of the counsels for the parties and at their request. The controversy relates to promotions from the post of Junior Engineer to that of Assistant Engineer in the Department of Road Construction in so far as the 10% quota for such promotions reserved for those junior Engineers who have improved their qualification by acquiring degree of AMIE, B.Tech. or equivalent are concerned. The submission in C.W.J.C. No. 17406 of 2009 is that earlier under a circular of 1998, seniority/eligibility for appointment against this 10% quota was to be reckoned from the date that 3 the Junior Engineer acquires the aforesaid higher qualification. By an another circular of 2008, based on certain orders of the Supreme Court, the department has opined that the seniority in the feeder cadre of Junior Engineer shall be maintained and the notification of 1998 granting the benefit only from the date of acquiring of the higher qualification has been superseded. The submission in C.W.J.C. No. 16113 of 2006 is that the circular of 2008 is contrary to the orders of the Supreme Court and it is bad in as far as the principles of seniority/eligibility for promotion against this 10% quota from the date of acquiring of the higher qualification is concerned and seeks to safeguard the seniority in the feeder cadre. The submission in C.W.J.C. No. 4760 of 2009 is that certain persons holding the higher qualification and were therefore competent to be appointed against the direct recruitment quota on the post of Assistant Engineer concealing their higher qualification secured appointment on the post of Junior Engineer and are now claiming seniority on this plea that they have improved their qualification. These writ applications are disposed with 4 liberty to the petitioners to file an appropriate representation setting out their grievances as noticed above before respondent no. 2, the Secretary, Department of Road Construction, Government of Bihar. In the nature of the controversy, if the petitioners or any of the petitioners request for a personal hearing, the Secretary shall be obliged to do so. Let the said respondent then pass a reasoned and speaking order dealing properly with the circular of 1998 as alleged, submitted to have been superseded by the circular of 2008 and also the orders of the Apex Court and this Court in pursuance of which the latter came to be passed and dispose it by a reasoned and speaking order so that judicial review of his order may be facilitated for expeditious disposal of the matter, should the need arise. Only in the event that such representations are filed within a period of 10 days from today, shall the Secretary be obliged to dispose it off in the manner aforesaid and not otherwise. After such representation is filed within the time prescribed, this Court expects the Secretary 5 to dispose it off in the manner discussed within a maximum period of three months from the date of receipt and/or presentation of such representation. Pending final disposal of the representation along with a copy of this order, the respondents shall not finalize the provisional seniority list dated 24.9.2009. The writ applications stand disposed. P. Kumar (Navin Sinha, J.)