PURUSHOTTAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ applicants have initially challenged the validity of the notification kept at annexure '1'and 1A, by which respondents 5 to 19 have been promoted as Executive Engineers in the Department of Irrigation, Government of Bihar. Petitioner No. 1 got his promotion in the years 1972 with effect from 20.6.72 and the other three petitioners with effect from 9.8.1973.

(2.) Subsequently the applicants moved for amendment of toe writ application relation to retrospective confirmation of the respondents concerned as Asst. Engineers with effect from different dates (details of which are noted in annexures '6' and'6A'). Respondents 5 to 8 were promoted as Asst. Engineers under letter No. 10196 dated 8.4.75 (Vide annexure '6') and respondent Nos. 14 to 19 vide Government notification No. 2388 dated 27.10.75 (vide annexure '6A'). The prayer for amendment was allowed on 3.1.1980. The petitioners prayed for quashing of the orders contained in these two annexures '6' and 6A'.

(3.) The case of the aforementioned applicants is that they were appointed as overseer; in the Bihar Subordinate Engineering Service in the Department of River Valley Project on different dates in the year 1958. Applicant No. 1 was confirmed as Asst. Engineer on 1.1.1956. Applicant No. 1 was promoted to the rank of Asst. Engineer in the said Department on 20.6.1972 and others on 9.8.1973.