SATISH CHANDRA LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition a prayer has been made for modifying the notification no. 2818 dated 14.7.1992 which purports to be the final seniority list of Assistant Engineer in Bihar Engineering Service, Class -II (hereinafter referred to as the 'said service') the prayer far the petitioner is also for placing him in the said seniority list at serial no. 931 (ka) which is below Ragho Lal and above Hamendra Nath Ghosh. The petitioner is claiming this position on the basis of his alleged entry in the said service with effect from 21.12.1974. The aforesaid prayers arise out of the following facts and circumstances of the case.

(2.) THE petitioner claims to have joined the post of Junior Engineer in the River Valley Project known as Water Resources Department on 2.2.1959 and was made permanent Junior Engineer by notification dated 21.12.1973 with effect from 1.11.1967. Thereafter the petitioner was granted selection grade with effect from 1.1.1971 by notification dated 13.12.1973.

(3.) BY a letter dated 23.11.1973, the Chief Engineer (Gandak Project) sent a list of names of persons in which the petitioner's name was included to the Bihar Public Service Commission for obtaining its concurrence for promotion to the post of Assistant Engineer in River Valley Yojna department. The petitioner's case is that he was at serial no. 40 in the letter dated 23.11.1973 sent by the Chief Engineer (Gandak Project). Further assertion of the petitioner is that subsequently vide letter dated 7.2.1974 the said Commission found the petitioner and others suitable for promotion to the post of Assistant Engineer on the basis of seniority and gave its concurrence to the said promotion and the petitioner's name found place at serial no. 33. Petitioner's further case is that pending acceptance of such recommendation he was asked to take over current charge of Booni Sub -division vide order no. 50 dated 17.12.1974 issued by the Superintending Engineer, Chatra Canal Circle and the same was communicated to the petitioner by the Executive Engineer of Chatra Division no. 1 and he took over current charge of the said Sub -division on 21.12.1974 and continued to hold independent charge of the said sub -division till petitioner's service was regularised.