MAQBOOLANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present writ application the petitioners nave prayed for quashing of the notification Nos. 577 and 578 dated 30.6.1994 as contained in annexure-1, whereby respondent Nos. 8 and 9 have been made incharge Executive Engineer in their own scale in Public Health Engineering Department, Government of Bihar and the notification No. 606 dated 4.7.94, as contained in annexure-2, whereby respondent No. 8 has been granted junior selection grade with effect from 1.4.89 in alleged supper-5 ression of the legitimate claim of the petitioners, who claim to be senior to them as also for commanding the respondent State to publish a fresh final gradation list of Assistant Engineers after deciding the objections filed by the petitioners and others.

(2.) In short, the relevant facts of the present case are that after at advertisement and interview the petitioners, who were duly qualified, were initially appointed as Assistant Engineer (Civil) in the Public Health Engineering Department on ad-hoc basis; the petitioners Nos. 1, 4 and 6 vide notification No. 3784 dated 6.7.79 and petitioner No. 5 vide notification No. 594 dated 21.3.80, photo copies whereof have been annexed as annexures 4 and 4/1 to the writ application. The services of the petitioners were extended time to time till the date of their regularisation in the service on 19th January, 1987.

(3.) It appears that in the meantime, the respondents Nos. 8 and 9, who were initially appointed as junior Engineers in the Department and during their services period passed the A.M.I.E. and B. Sc. Engineering Examination in the month of March, 80 and December, 80, respectively, were promoted to the post of Assistant Engineer on 27.4.82.