IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8628 of 2009 1. NAGESHWAR PRASAD SINGH, SON OF LATE YOGENDRA PRASAD SINGH, R/V ADAURI, P.O. PURNAHIYA, DISTRICT SHIVHAR. AT PRESENT JUNIOR ENGINEER, BUILDING DIVISION, MOTIHARI. 2. AJAY KUMAR SINGH, SON OF LATE DEONARAYAN SINGH, R/V GANAULI, P.O. MASHRAK, DISTRICT SARAN, AT PRESENT JUNIOR ENGINEER, BUILDING DIVISION, SASARAM. 3. GOPAL KRISHNA KARNA, SON OF SRI LAL BIHARI LAL, R/V AND P.O. UTTARA, DISTRICT MADHUBANI, AT PRESENT JUNIOR ENGINEER, OFFICIATING SUPERINTENDING ENGIEER, BUILDING CIRCLE DARBHANGA. 4. RAM VINAY SHARMA, SON OF LATE RAJESHWAR SHARMA, RESIDENT OF AT + P.O. SRI KRISHNAPURI COLONY, DISRICT JEHANABAD, AT PRESENT JUNIOR ENGINEER, BUILDING DIVISION, BANKA. 5. BELCHANDRA SHARMA, SON OF LATE JAGESHWAR SHARMA, RESIDENT OF AT+ P.O. BELSANDI TARA, DISTRICT SAMASTIPUR, AT PRESENT JUNIOR ENGINEER, BUILDING DIVISION, JAMUI. 6. SHALIGRAM SINGH, SON OF LATE GENA LAL SINGH, R/V+ P.O. NARGGAON, VIA ASARGANJ, DISTRICT BHAGALPUR, AT PRESENT JUNIOR ENGINEER,(OFFICIATING EXECUTIVE ENGINEER) BUILDING DIVISION, DARBHANGA. 7. SACHIDANAND PRASAD SINGH, SON OF LATE BRAJDEO SINGH, R/V & P.O. KISHUNPUR MOHIRI, DISTRICT MUZAFFARPUR, AT PRESENT JUNIOR ENGINEER, BUILDING DIVISION, MUZAFFARPUR -----PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE ENGINEER-IN-CHIEF-CUM-SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 6. THE ENGINEER-IN-CHIEF-CUM-BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA-----RESPONDENTS. ----------- 02. 25.07.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are the Junior Engineer. They were initially appointed in the Cell of the Education Department. Later their services were transferred to the Building Construction Department. 3. It is submitted on behalf of the petitioners that in the gradation list prepared initially, they were shown separately from the others who were in the Road/Building Construction Department from before by putting their names in a separate schedule. Later they represented and considering their grievance a joint gradation list of all the Junior Engineers of the Road/Building Construction Department - 2 - including those who come from Education Department was prepared, which is dated 17.5.2007 and is contained in Anneuxre-9 to this application. Ignoring the seniority of the petitioners and others in the joint gradation list, Annexure-9 others have been allowed not only Assured Career Progression but also promotion on the post of Assistant Engineer. Such grant of ACP and promotion on the post of Assistant Engineer is in teeth of joint gradation list dated 17.5.2007, Annexure-9. It is further pointed out that to maintain and perpetuate the illegal promotion granted to the juniors, the authorities have again published a gradation list under office order No.138 dated 14.5.2009, Annexure-12 placing the petitioners and others who had come from the Education Department in a separate schedule. It is also submitted on behalf of the petitioners that the office order bearing Memo No. 1640 dated 14.5.2008, Annexure-12 is contrary to the earlier gradation list and while issuing the said office order the petitioners and others whose names have been placed in the separate schedule were never heard. It is further submitted that changing the seniority position in the gradation list tantamounts to affecting the vested right of seniority. Before publishing the office order dated 14.5.2009, Annexure-12 in variance with the earlier gradation list bearing Memo No. 6183 dated 17.5.2007, Annexure-9, the authorities ought to have heard the petitioner, in any case before granting promotion to the juniors. 4. Learned counsel for the State, on the other hand, submitted that before any final order is passed in the matter he should be given opportunity to seek instructions so as to inform this Court the - 3 - circumstances, in which office order dated 14.5.2009, Annexure-12 has been issued at variance with the order dated 17.5.2007, Annexure- 9. As this Court wishes to direct the petitioners to file representation before the Principal Secretary, Road Construction Department highlighting the submissions and grievance noted above, the prayer of the State counsel to grant time to file counter affidavit is refused. 5. Let the petitioners file detailed representation indicating the submissions which have been noted above along with a copy of this order before the Principal Secretary, Road Construction Department, who should consider the same and pass appropriate orders as early as possible, in any case within two months from the date of receipt of the representation. It is, however, made clear that if the submissions made by the petitioners found favour with the Principal Secretary, Road Construction Department then he shall ensure that the case of the petitioners for grant of ACP as also promotion on the post of Assistant Engineer be considered without any further delay in the matter. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)