AJAY KUMAR PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners herein have prayed for quashing Annexure -1 which is the final gradation list issued on 14.2.2001 as also Annexure -4 which is the Notification dated 2.5.2001 by which several Assistant Engineers who were junior to the Petitioners have been promoted and posted in the current charge of Executive Engineers without separation of cadre. The petitioners have also prayed for a direction upon the State of Bihar (Respondent No. 1) to prepare the final gradation list of Assistant Engineers appointed on 25.1.1979 in the Bihar Engineering Service Class II posts as per their age on account of the fact that they have entered into service on the same day and also on account of the direction issued by the Patna High Court vide An -nexure -2 which, according to the petitioners, was affirmed upto the Supreme Court. They have further made a prayer that their cadre should be separated in accordance with law.

(2.) BY an Amendment Application, the Petitioner have stated that this Writ Petition was filed on 7.6.2001 and was placed for admission on 8.6.2001. On the same day, i.e. 8.6.2001, the respondent No. 2 (State of Jharkhand) issued Notification No. Irrigation/Establishment/57/2001/1348 dated 8.6.2001 (Annexure -5 to the said Amendment Petition) purporting to be in compliance of Annexure -4, whereby and whereunder the Assistant Engineers were posted in different places at Jharkhand. Consequently, the Petitioners also pray for quashing the said Notification as contained at Annexure -5.

(3.) AS against this, the Respondent No. 1 has stated that in the year 1978, the State Government had taken a decision to appoint Engineers in the Irrigation and the Power Deptts. and the criteria was decided by the Labour and Employment Department, Government of Bihar. Accordingly, on 8.1.1979, vide Annexure -A, a Cabinet Memorandum was sent to the Cabinet Secretariat for approval on 9.1.1979 and by letter dated 28.2.1979 issued by the Department of Labour and Employment, as contained at Annexure -B, it was informed that approval had been given by the Cabinet on the said day, i.e. on 9.1.1979.