BIMAL KUMAR JHA Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF PERSONAL, PUBLIC GRIEVANCE AND PENSION, NEW DELHI

JUDGEMENT

(1.) The petitioner has approached this Court with the following prayers:

(2.) The brief facts of the case are that a Memorandum was prepared on 8th January, 1979 for appointment of 1158 Assistant Engineer and the Cabinet approved such Memorandum on 9 th January, 1979. Accordingly, 1158 Assistant Engineers were appointed on 25th January, 1979 and 964 such Assistant Engineers were regularised in service by an Ordinance namely, the Bihar Gazetted Officers Adhoc appointments Regularization Ordinance, 1986 on 30th December, 1986. The petitioner, pursuant to Advertisement No. 93 of 1985 issued by the State of Bihar, was appointed on the post of Assistant Engineer on 04.04.1989. A seniority list was prepared on 14th February, 2001 in which the petitioner has been placed below the persons who have been joined as privaterespondents in the present proceeding. They were appointed on 25th January, 1979 and their services were regularised on 30th December, 1986 by issuing the Ordinance of 1986 as noticed above which has now become an Act.

(3.) Counter affidavits have been filed on behalf of the State of Bihar as well as State of Jharkhand justifying the seniority list of 14th February, 2001. The petitioner was directed by this Court to join the private respondents in the present proceeding and notices were issued to them and they appeared through their counsel however, they have not filed their counter affidavits.