- (1.) In this writ application, the petitioners have prayed for a direction upon the respondents to consider and grant promotion to the petitioners to the rank of Executive Engineer w.e.f. 25.07.2002 i.e. from the date similarly situated persons or juniors to the petitioners got such benefits and to sanction the benefits of the first and second Assured Career Progression from 09.08.1999 and 26.03.2005 respectively.
(2.) The facts in brief are that the petitioners were appointed on the post of Assistant Engineers (Civil) in the Public Works Department of the then Government of Bihar by virtue of Notification No. 2143 (S) dated 24.03.1981. In the seniority list which was prepared for the post of Assistant Engineer, the names of the petitioners figured at Serial No. 1636 and 1659 respectively. A vigilance case was instituted against the petitioners vide Vigilance P.S. Case No. 29 of 1999. On account of the pendency of the vigilance case in the Departmental Promotion Committee Meeting the recommendations of the petitioners were kept in a sealed cover. In the vigilance case charge-sheet was submitted against several accused persons but the same did not include the petitioners and ultimately vide order dated 20.01.2009 the learned Special Judge, Vigilance, Ranchi in Special Case No. 6(A) of 1999 accepted the Final Form submitted and accordingly the petitioners were discharged from the criminal case. It is the case of the petitioners that on account of their recommendations for promotion being kept in a sealed cover persons who were juniors to the petitioners had been given promotion on the basis of recommendations of the DPC and on being exonerated after investigation representation was submitted by the petitioner No. 1 before respondent No. 4 to consider his case for promotion w.e.f. 25.07.2002 when similarly situated persons/Juniors were granted promotion.
(3.) In the representation, a request was also made for grant of benefit of the first and second Assured Career Progression since the statutory period of twelve years and twenty four years had already been completed. Since the claim of the petitioners for being promoted to the rank of Executive Engineer w.e.f. 25.07.2002 as well as the prayer with respect to the grant of first and second Assured Career Progression was not adhered to by the respondents the petitioners have preferred the present application.;