BENGALIRAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) -The petitioners in the writ application pray for issuing direction to the respondents to determine the seniority of superintending Engineers including that of the petitoners in Bihar Engineering Service Class I on the basis of the date of appointment/promotion to the post of superintending Engineer and not to grant regular promotion to the post of Chief Engineer on the basis of seniority list of Executive Engineers in Bihar Engineering Service Class I and/or on the basis of seniority dated 11.12.92 and further to consider their cases for regular promotion to the post of Chief Engineer and thereby to recommend their cases to the Bihar Public Service Commission for such consideration taking into account that the names of the persons allegedly junior to them, who have been promoted to the post of Superintending Engineer after promotion of these petitioners, have already been recommended for consideration of their cases for promotion to the post of Chief Engineer.

(2.) However, in view of the law laid down by the Apex Court in the case of Union of India and others etc. vs. Virpal Singh Chauhan etc. [ Civil Appeal No. 9272 of 95 and analogous cases decided on 10th October, 1995] regarding restoration of seniority of general candidates over the candidates belonging to the reserved category, promoted earlier out of turn, Mr. Mahto, learned senior Counsel appearing for the petitioners confined the prayer for issuing direction to the respondents to consider the cases of the petitioners also along with other general category candidates for promotion to the post of Chief Engineers in the Road Construction Department, as according to him, the petitioners come within the consideration zone as per the provisions in the Govt. circular dated 27th November, 1976 contained in annexure-23 read with the Govt. circular dated 11th July, 1981 contained in annexure-Y to the application for intervenor.

(3.) In short, the relevant facts are that the petitioners, incharge Chief Engineers in the Road Construction Department, are the members of the Bihar Engineering Service Class I in P.W.D. (Road Construction), State of Bihar. The petitioners belong to the scheduled caste category. However, they do not claim consideration of their cases for promotion as against the reserved category as undisputedly there is no vacancy for the reserved category.