IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.8077 of 1997
1.YOGA NAND PRASAD, S/O LATE RAMLI PRASAD,
P.O. MERIGANJ DISTRICT ARARIA.
2.SURESH KUMAR DAS, S/O SRI RAI RAM, R/O
VILLAGE AKHTIARPUR, P.O. CHANDWA, DISTRICT
BHOJPUR.
3.MAHENDRA PRASAD, S/O LATE FAGUNI PASWAN,
AT & P.O CHATRA DISTRICT MADHUBANI.
4.RAMDHYAN RAM, S/O SHRI SARGYUG RAM, R/O
VILLAGE HARPUR, P.O. MARIKOUR, DISTRICT
GOPALGANJ.
5.JAILAL CHOUDHARY, MATWALA, S/O SHRI
KODAI CHAUDHARY, R/O MOHALLA ANDERKILA,
DISTRICT VAISHALI.
6.CHANDRA SHEKHAR PRASAD, S/O LATE
SHEOGOVIND RAM, AT & P.O SIMRI DUDHIPATTI,
DISTRICT BUXAR.
........................PETITIONERS.
Versus
1.THE STATE OF BIHAR THROUGH THE JOINT
SECRETARY, ROAD CONSTRUCTION
DEPARTMENT,GOVERNMENT OF BIHAR,
BISHESHWRAIYA BHAWAN, PATNA.
2.THE COMMISSIONER SECRETARY, ROAD
CONSTRUCTION DEPARTMENT, GOVERNMENT OF
BIHAR, PATNA, BISHESHWRAIYA BHAWAN, PATNA.
3.THE ENGINEER IN CHIEF CUM ADDITIONAL
SECRETARY CUM SPECIAL SECRETARY, ROAD
CONSTRUCTION DEPARTMENT, GOVERNMENT OF
BIHAR, BISHESHWARIYA BHAWAN, PATNA.
4.THE SECRETARY AND COMMISSIONER,
PERSONNEL AND ADMINISTRATIVE DEPARTMENT,
GOVERNMENT OF BIHAR, OLD SECRETARIAT,
PATNA.
.....................RESPONDENTS.
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11/ 19.07.2011 Heard Mr. Rajendra Prasad Singh, learned
senior counsel for the petitioner and Mr. Lalit
Kishore, AAG-I for the State.
As with regard to the following prayer:-
“a. To quash the notification no.
3643(s) dated 24.06.1997 issued under the
signature of the Joint Secretary, Road
Construction Department, Govt. of Bihar,
Patna.
b. For direction to the respondents
to consider the case of petitioners and
2
confirm promotion of the petitioners on
the post of superintending Engineers from
the dates they have been given officiating
promotion with all benefits.
c. For direction to the respondents
not to disturb the seniority of Bihar
Engineering Service Class-I (Executive
Engineers, Superintending Engineers etc.)
which had already been finally determined
and published vide notification no. 6541(s)
dated 11.12.1992.
d. For commanding the respondents
not to intervene/disturb the petitioners
from the post of Superintending Engineers
working at different places.
This Court is of the considered opinion
that in view of the subsequent judgment of the
Constitution Bench in the case of M. Nagaraj &
Ors vs The Union of India and Ors reported in
2006(8) SCC 212, the respondents would be
required to redraw the seniority list as per the
law laid down by the Apex Court in the
aforementioned judgment.
Mr. Lalit Kishore on instructions from
the respondent has submitted that such exercise
of drawing of fresh seniority list in the light
of the judgment of the Constitution Bench in the
case of M. Nagaraj (supra) has not been concluded
as yet.
In that view of the matter, this Court
would dispose of this writ application with a
direction to the respondents to redraw seniority
list in question within a period of six months
3
from the date of receipt/production of a copy of
this order.
Let it be made clear that this Court has
not gone into the respective merits of the case
of the parties and in the changed scenario would
direct for redrawing the seniority list as per
the law laid down by the Apex Court.
With the aforementioned observation and
direction, this application is disposed of.
Ranjan (Mihir Kumar Jha, J)