IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2385 of 2007
Lalan Pd. Singh son of Late Chandradeep Singh resident of
At and P.O. Chourahi, P.S. Haspura, Dist. Aurangabad
.... .... Petitioner
Versus
1. The State Of Bihar
2. The Commissioner-cum- Secretary, Department of
Water Resources, Government of Bihar, Patna
3. The Engineer-in-Chief (North) Water Resources
Department, Government of Bihar, Patna
4. The Under Secretary, Water Resources Department,
Bihar, Patna ... .... Respondents
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02/ 25.08.2011 Heard learned counsel for the
petitioner, Sri Anjani Kumar, AAG-10 for the
State, who has prayed for time to file counter
affidavit, but considering the fact that this writ
petition was filed on 22.2.2007 after serving a
copy thereof on the establishment of the
Advocate General, but during the period of over
four years, no counter affidavit has been filed, I
am not inclined to grant any further time for
filing the counter affidavit.
2. At the time of filing of this writ
petition, petitioner served on the post of Junior
Engineer (Mechanical) in the Water Resources
Department of the State Government. He has
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filed this writ petition praying, inter alia, to direct
the State respondents to grant the petitioner
seniority in the grade of Junior Engineer with
effect from 1.1.1971, the date on which he was
appointed as Overseer in the work charge
establishment of Tenughat Dam Circle No.1,
District Hazaribagh under office order bearing
Memo No. 169 dated 23.1.1971, Annexure-1. In
this connection, it is pointed out that services of
the petitioner was regularized on the post of
Junior Engineer Civil (Mechanical) in the
Irrigation and Electricity Department of the State
under office order bearing Memo No. 217 dated
24.1.1979,Annexure-3.
3. It is submitted on behalf of the
petitioner that once the services of the petitioner
and others was regularized on the post of Junior
Engineer (Mechanical), they are required to be
given seniority in the grade of Junior Engineer
with effect from the date of their appointment in
the work charge establishment. In this
connection, it is also pointed out that two of the
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junior colleagues of the petitioner, M/s Vijay
Kishore Prasad and Kedar Nath Singh have been
granted seniority in the grade of Junior Engineer
(Mechanical) with effect from 19.3.1971, the
date on which they were appointed in the work
charge establishment on the post of Junior
Engineer. Reference in this connection is made
to the order bearing Memo No.6742 dated
3.5.1975, Annexure-2 to this petition. During the
pendency of the writ petition, petitioner has
superannuated in October, 2009.
4. Having heard counsel for the
parties, in view of the facts noted above, I direct
the State-respondents to consider the case of the
petitioner for grant of seniority in the grade of
Junior Engineer (Mechanical) with effect from
1.1.1971, the date on which he was appointed as
Overseer in the work charge establishment of the
Tenughat Dam Circle No.1.
5. Necessary consideration in
compliance of my order be made by the
Engineer-in-Chief of the Water Resources
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Department as early as possible, in any case
within two months from the date of receipt/
production of a copy of this order before the
Engineer-in-Chief.
6. The writ petition is, accordingly,
disposed of.
Arjun/ ( V. N. Sinha, J.)