- (1.) INTRODUCTION : The usual problem which frequently arises in service matters i.e. inter se seniority between two groups of employees is involved in these appeals which arise out of a judgment and order dated 23-5-1997 passed by the High Court of Patna in L.P.A. Nos. 100, 158, 101 of 1994 and C.W.J.C. No. 7826 of 1995. BACKGROUND FACTS :
(2.) The appellant and the contesting respondents were appointed in the Bihar Subordinate Engineering Service Cadre as Junior Engineers. The sources for appointment to the rank of Assistant Engineer in Bihar Engineering Service Class II were : (a) from Junior Engineer (Diploma Holder) Cadre to 30% of cadre strength of Assistant Engineers; (b) from Engineer Assistant Cadre (engineering Graduate or equivalent Degree Holder) to 20% of total cadre strength of Assistant Engineers; and (c) 50% of the posts of the Assistant Engineers from direct recruitment of Engineering Graduate or equivalent Degree Holders from outside.
(3.) On or about 17-8-1973, the cadre of Engineer Assistants was abolished in various phases and only promotional avenue was left for Junior Engineers from amongst the quota of 30% of the diploma-holders. Keeping in view the fact that promotional avenue of those Junior Engineers who had acquired degree in engineering during service was taken away, the State of Bihar by reason of a resolution dated 17-1-1979 sought to provide special facility by way of incentive of promotion to the post of Assistant Engineer to those Junior Engineers who had acquired degree in engineering or passed equivalent examination during their service to the extent of 3%. The said employees besides holding the degree of engineering or passing of equivalent examination were further required to complete a minimum period of five years in service in the cadre of Junior Engineers. The relevant clauses of the aforementioned resolution are as under : "Gha. This facility of promotion to the post of Assistant Engineer on the basis of quota mentioned in paragraph (Ka) shall be equally available to all those permanent/temporary Junior Engineers who have passed the examination of Graduate in Engineering or its equivalent examination during their service period and have completed a minimum of 5 years service on the post of Junior Engineer. Cha. Promotion to the vacant posts of Assistant Engineer on the basis of the quota mentioned in paragraph (Ka) be given in accordance with their seniority. With regard to inter se seniority of these Junior Engineers, the decision be taken after obtaining the opinion of the personnel Department.";