SYED JAMIL ASHGAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to treat the petitioner to have been appointed to the post of Assistant Engineer, Bihar Engineering Service Class-II in Road Construction Department on regular basis from the date person immediately below him in the merit list has been appointed with all consequential benefits.

(2.) Shorn of unnecessary details, facts giving rise to the present application are that petitioner is a Engineering Graduate and was initially appointed as Junior Engineer in Obera Block under Aurangabad District in the Road Construction Department. While he was working as such, an advertisement bearing advertisement No. 93 of 1985 was issued by the Bihar Public Service Commission for appointment to the post of Assistant Engineer in the joint cadre of Road/Building Construction Department on regular basis. The petitioner offered his candidature for appointment to the said post. While the candidature of the petitioner for appointment as Assistant Engineer in pursuance of the aforesaid advertisement was under process, the State Government decided to appoint such Junior Engineers who are degree holders as Assistant Engineer on ad-hoc basis. Accordingly, the petitioner was appointed as Assistant Engineer on ad-hoc basis in the Road Construction Department. While the petitioner was functioning as Assistant Engineer in the Road Construction Department on ad-hoc basis, he was called for interview by the Bihar Public Service Commission (hereinafter referred to as the Commission) to appear before a Selection Board for appointment against regular vacancy of the Assistant Engineer in the joint cadre of Road/Building Construction Department of Bihar Engineering Service Class-II. Petitioner besides other candidates appeared before the Selection Board and the Commission sent a list of recommended candidates vide its letter dated 19th of May, 1987 in which petitioner's name does not figure.

(3.) However, in view of a large number of vacancies remaining vacant, the Road Construction Department requested the Commission to send another list of successful candidates from amongst candidates who offered candidature in pursuance of Advertisment No. 93 of 1985. Ultimately the Commission sent another list of successful candidates vide its letter dated 22.2.1988 and the petitioners name finds place at Serial No. 9 of the said list. It is relevant here to state that in the said list, name of one Satayendra Prasad Sinha also finds place which is at Serial No. 10. Although, the advertisement which led to the recommendation of the petitioner and that of Satyendra Prasad Sinha, was in pursuance of Advertisement No. 93 of 1985 published for appointment to the post of Assistant Engineer in the joint cadre of Road Construction Department, petitioner was offered appointment to the post of Assistant Engineer in the Public Health Engineering Department, whereas said Satayendra Prasad Sinha, in the Road Construction Department. Petitioner protested to his appointment on the post of Assistant Engineer in the Public Health Engineering Department and filed representation, inter alia, stating that he is working as Assistant Engineer on ad-hoc basis under the Road Construction Department, his name figures at Serial No.9 of the recommendation, but he has inadvertently been posted in the Public Health Engineering Department. Although, no decision was communicated to the petitioner, but by notification dated 10th of November, 1989, a tentative gradation list of the Assistant Engineers of the Road Construction Department was published in which his name figures at Serial No. 2467.