INDRADEO NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two writ petitions have been heard together since they involve a common question, and in both the writ petitions the petitioners claim a right to be considered for appointment to the post of Engineer -in -Chief in the Road Construction Department of the Government of Bihar. C.W.J.C. No. 3251 of 1997

(2.) IN this writ petition petitioner In -dradeo Narayan Singh, who held the substantive post of Chief Engineer and was required to discharge the duties of En -gineer -in -Chief while holding the substantive post of Chief Engineer, has prayed for quashing of the Notification (An -nexure -1) issued by the Joint Secretary, Government of Bihar, Road Construction Department on 24.2.1997. By the aforesaid Notification (Annexure -1) the services of respondent no.5 Sri P.K.Par -wal were placed at the disposal of the Cabinet (Vigilance) Department for being posted as Engineer -in -Chief, even though he was junior to the petitioner in the cadre of Bihar Engineering Service Class I. The petitioner has also challenged An -nexure -2 dated 27.2.97, the order of promotion issued pursuant to Annexure -1. The petitioner has also prayed that he may be considered for promotion to the post of Engineer -in -Chief.

(3.) ON 11.5.1996 respondent no.5 was again promoted to the post of Chief Engineer, but the order of promotion was stayed by order of this Court dated 24.5.96 in M.J.C. No. 1235 of 1995. Later the order of this Court was modified and respondent no.5 was finally promoted as Chief Engineer on 26.8.1996.