AWADHESH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioners are aggrieved by the Governments decision, contained in Annexure -16 read with Annexure -17, the validity of which has been challenged in I.A. No 1432/04, whereby and whereunder 17 vacant posts of Chief Engineer (Civil) have been sought to be filled by promotion from any Scheduled Castes & Scheduled Tribes candidates i.e. 9 posts from Scheduled Castes and 8 posts from Scheduled Tribes.

(2.) IT seems that the said vacancies are sought to be filled since after incorporation of Article 16(4A) and Article 16(4B) in the Constitution by Constitutions 77th Amendment Act, 1995 & Constitutions 81st Amendment Act, 2000 respectively. Pursuant to the said amendment, the State also enacted The Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes & Others Backward Classes) (Amendment) Act, 2004 i.e. Bihar Act 13 of 2004.

(3.) EARLIER , some of the officers including Hiralal Ram had approached this Court seeking appropriate direction to fill -up the available vacancies in the rank of Chief Engineer meant for reserved category candidates. In case of Hiralal Ram vs. The State of Bihar & Ors., (C.W.J.C. No. 6391/ 03), which relates to Road Construction Department, this Court after considering various interim/clarificatory orders passed by the Apex Court, expressed displeasure on account of inaction of the State in sitting over the promotion matter only on the plea of pendency of the matter before the Apex Court. Considering the facts and circumstances, the writ petition was disposed of vide order dated 5.8.2005 with direction to the State authorities namely the Respondent Nos. 1 & 2 to consider the case for promotion in the reserved category against the available vacancies for reserved candidates and issue notification also regarding the same positively within two months from the date of receipt of production of a copy of the said order. However, the present matter relates to Water Resources Department.