JOKHU SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE subject matter of challenge in this writ petition is basically against annexure -21 which is a purported seniority list of junior engineers showing the petitioner junior to respondent nos. 9,10 and 11. The petitioner has also prayed for regular promotion to the post of Assistant Engineer and the petitioner has claimed that he must be paid the salary of the post of Junior Engineer from 28.10.1978 till his retirement on 30.9.1999. The petitioner is also challenging the impugned annexure -28 by which respondent no. 11 is shown senior to the petitioner. By the said order respondent no. 11 was granted regular promotion to the post of Assistant Engineer (Civil) with effect from the date of his assumption of charge i.e. on 1.11.1978. The petitioner 'scase is that he joined the post of Assistant Engineer on 28.10.1978 and he is senior to respondent no. 11.

(2.) IN the course of submission, learned counsel for the petitioner, however, has stated that he is conceding his claim of seniority as against respondent nos. 9 & 10 and he admits that respondent nos. 9 and 10 are senior to him but in so far as respondent no. 11 is concerned, the petitioner 'spositive case is that he is senior to respondent no. 11 and he is challenging the impugned annexure mentioned above.

(3.) IN the writ petition the petitioner has highlighted the fact that respondent no. 11 was also a student of 3 year Diploma course in Civil Engineering at Patna School of Engineering, Patna but he did not pass that examination and was declared to have failed. Respondent no. 11 was actually appointed as Sub Overseer in the River Valley Project on 5.7.1962. It is an admitted position that respondent no. 11 has not passed the examination of three year diploma course in Civil Engineering.