1. Though the petitioner has approached this Court primarily for the relief, viz., direction to the respondents for posting him as Executive Engineer in
accordance with the notification dated 08.03.2019, but while expatiating on the aforesaid relief, the petitioner has also made a request for directing the
respondents to take into account that even juniors to him in the list of such candidate who have been promoted to the post of Executive Engineer have
been given their posting to the exclusion of the petitioner.
2. It appears from the records that the petitioner served as Assistant Engineer in the Road Construction Department, Govt. of Bihar, Patna from
03.01.1995. With the bifurcation of the State of Bihar and Jharkhand in the year 2000, as some of the employees were asked to join the State of
Jharkhand, the petitioner also was sent to Jharkhand for the purposes of establishment of the Road Construction Department Cadre in the newly
created State of Jharkhand. The decision with respect to the Cadre of the Road Construction Department was taken for the first time in the year 2017
by the Central Government, which notified that all those persons who were working in the State of Bihar prior to the bifurcation of the State shall be
deemed to be the employees of the State of Bihar. The petitioner, therefore, was allotted the State of Bihar with effect from 15.11.2000 only, but the
impact of the aforesaid decision became effective from the date of the notification of the Central Government.
3. The Road Construction Department, it has been stated, considered the case of the petitioner and others and finding them eligible for being promoted
to the post of Executive Engineer, granted promotion vide Notification No. 3113(S) dated 08.03.2019.
4. From the perusal of the notification referred to above it would appear that the pecuniary benefit was directed to be given to such persons only on
their taking over the charge of the post. The petitioner, it has been submitted, joined in the office of Joint Secretary, Road Construction Department on
11.03.2019, which was accepted, but till date, the petitioner has not been posted as an Executive Engineer.
5. The order of promotion has been stated to be subject to any decision of the Supreme Court in The State of Bihar v. Sushil Kumar Singh (SLP No.
29770 of 2015).
6. The petitioner has further been aggrieved by the fact that some of the persons, who were late entrants in the service, have been given actual
posting, whereas he has been deprived of the benefit of the notification referred to above.
7. The representation of the petitioner before the Principal Secretary, Road Construction Department, Govt. of Bihar, Patna has not yielded any result.
8. The petitioner, in the writ petition, has also referred to the fact that if a gradation list is prepared, his place should be determined in accordance with
the seniority and has named two persons beneath whom he ought to be placed.
9. Under the aforesaid circumstances, this Court deems it appropriate to direct the petitioner to make a representation before the Principal Secretary,
Road Construction Department, Govt. of Bihar, Patna within a period of four weeks, who, on receipt of the same, shall look into the facts and pass
necessary order in accordance with law within a further period of four weeks thereafter.
10. Needless to state that any order passed by the Principal Secretary, Road Construction Department, Govt. of Bihar, Patna shall be subject to the
final decision in SLP No. 29770 of 2015, referred to above.
11. With the aforesaid observation and direction, the writ petition stands disposed off.
