BALRAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioners have prayed for quashing of the order of the respondent State Government in the Road Construction Department, contained in Memo No. 4936(S), dated 2-9-1995 (Annexure 1) whereby while rejecting the representation /objection filed by the petitioners pursuant to the order passed in C.W.J.C. No. 2183 of 1994 relating to shifting of their seniority vis-a-vis respondent No. 3, Raghubansh Prasad Singh, has treated 27-12-1972 as the date of appointment of respondent No.3 in the rank of Engineer Assistant and consequently affirming his position at S1. No. 366-A of the Gradation List of Engineer Assistant, circulated vide letter No. 48 dated 6-3-1993 and in the gradation list of Assistant Engineer (Civil) in B.E.S. Class II, circulated vide Notification No. 3375(S), dated 21-6- 1993 in between S1. No. 1164 and 1165 giving him S1. No. 1164A by treating his promotion in the said grade with effect from 8-8-75 and, accordingly, placing him above the petitioners No. 1 and 2, who in the gradation list of Assistant Engineer contained in Annexure 10 are at S1. No. 1253 and 1299, respectively.

(2.) In short, the relevant facts are that respondent No. 3 was initially appointed as Engineer Assistant on 27-12- 1972 on daily-rated basis. Petitioners No. 1 and 2 were appointed in the said capacity after complying with the formalities of facing establishment committee etc. on 13-8-1973 and 10-1-1974, respectively. Respondent No. 3 was,however, brought in the regular scale of Engineer Assistant on 21-12- 1974. In the rank of Assistant Engineer the petitioners were appointed on 7-5- 1976 on ad hoc basis and on 20-8-1977 on regular basis, vide Annexures 3 and 4 respectively whereas respondent No. 3 was appointed in the said capacity on 20-10-1976 and 16-12-1977, vide Annexures 7 and 8, respectively.

(3.) On 2-8-1984 (Annexure 9), a tentative gradation list was circulated in which the petitioners were placed above respondent No. 3 and in the final gradation list dated 15-6-1992 (Annexure 10) also they were placed above respondent No. 3. However, vide notification dated 21-6-93 (Annexure 11), the seniority of respondent No. 3 was modified and he was placed at S1. No. 1164-A above the petitioner and vide order dated 24th August, 1994, he was promoted to the post of Executive Engineer on the basis of the aforementioned placement in the seniority list, vide Annexure 11.