- (1.) The petitioner has approached this Court with the following prayers: i. "To issue an appropriate writ including a writ in the nature of certiorari for quashing the proceedings/decisions making process of State Advisory Committee for allocation of State of Personnel dated 31.10.2001/1.11.2001 whereby and whereunder the earlier decision taken on 7.7.2001 by the same committee was arbitrarily dropped and for quashing the tentative final list of Asstt. Engineers, Deptt. of Irrigation allotted to Jharkhand on the aforesaid basis on 15.6.2002. ii. To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondent to get the tentative final list for allocation of the services of the Assistant Engineers rectify strictly in accordance with the guidelines as prescribed by Mr. B.B. Tondon, then Secretary, Ministry of Personnel, Public Grievance and Pension, Govt. of India, New Delhi vide his guidelines dated 14.9.2000 as well as 21.12.2000. iii. To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondent/committee to allocate the services of the Assistant Engineer strictly in the ratio of 1:2:36 as decided by the State Advisory Committee (SAC) between the State of Jharkhand and Bihar considering the facts that the Respondent committee has not allocated the services of Assistant Engineer in between the aforesaid two states in terms of the ratio as has been laid down by them as a result of which the persons appointed in the year 1979 and 1987 and even prior to that, they have got privilege over the person appointed in the year 198990, whereas the said respondent committee should have decided upon in the ratio of 1:2:36 for each appointment year to maintain the balance in the cadre, age and seniority and to direct to take into consideration the letters from Jharkhand Government dated 27.11.2002 and 14.12.2002 especially on the facts that the State Govt. requested the committee to consider the allocation of cadre yearwise. iv. To issue an appropriate writ including a writ in the nature of certiorari for quashing the seniority list dated 14.2.2001 which has been published ignoring the Rules of the seniority of the junior employees. v. To issue an appropriate writ/direction in the nature of mandamus commanding upon the respondents to treat the petitioner senior to those of the adhoc/noncommissioned appointees and direct to publish forthwith the fresh list on the Rules of balancing age and seniority and to give due weightage to the Engineers, who have come in service by successfully competing the Bihar Public Service Commission."
(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.;