RAJEEV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Intra-Court Appeal, under Clause 10 of the Letters Patent of Patna High Court, has been filed against final order dated 16.08.2010 passed in CWJC No. 3626/2004 (Vijay Kumar vs. State of Bihar and others). The appellants were respondent nos. 5 and 6 in the writ petition. On notice, parties have appeared and pleadings are complete.

(2.) We have heard Sri Y.V. Giri, learned Senior Counsel for the appellants and Sri Jitendra Singh, learned Senior Counsel for the contesting respondents, who were the writ petitioners.

(3.) Though, the dispute has a very long chequered history, it is ultimately the question whether for the promotion from the cadre of Junior Engineers to the cadre of Bihar Engineering Service Class II i.e. Assistant Engineer, can there be an alteration in the combined gradation list of the cadre of Junior Engineers depending upon whether a Junior Engineer was a graduate or an equivalent degree holder at the time when he joined the service in the cadre or he acquired the said graduate or equivalent qualification while in service.