M.Y.EQBAL, J. - (1.) THE learned counsel for the petitioners is permitted to add State Advisory Committee and Central Government as party respondent.
(2.) HEARD Mr. Ajit Kumar, learned counsel appearing for the petitioner, Mr. M.K. Laik, Sr. Standing Counsel for the State of Jharkhand and learned counsel for the State of Bihar. In this writ petition, the petitioners who are the Assistant Engineers, seek a direction upon the respondents particularly the respondent No. 2, the Commissioner -cum -Secretary, Road Construction Department, Ranchi to clear the back log promotional vacancies of reserved category in the cadre of Executive Engineers (belonging to the SC/ST candidates) by way of giving regular promotion to the Assistant Engineers who are working in the Road Construction Department. Further a direction has been sought directing the respondent No. 6, the Secretary, Road Construction Department, Bihar to forward the backlog vacancies of the post of the Executive Engineers available to the State of Jharkhand, after the bifurcation of the erstwhile State of Bihar and lastly to direct the respondents not to adopt ad -hocism by allowing the Assistant Engineers to occupy the higher post as incharge of the Executive Engineers.
(3.) IN the counter affidavit, respondent State of Jharkhand stated that the Government of Bihar has not sent backlog vacancies even the cadre of Assistant Engineers have not been fixed and therefore it is not possible to promote any Assistant Engineer on the post of regular Executive Engineer. It is contended that since the regular promotion is a time consumed process, ad -hoc arrangement has been made by promoting the Assistant Engineers as incharge of the Executive Engineer. It is further contended that several requests and reminders have been sent by the Road Construction Department, Government of Jharkhand to its counter part in the State of Bihar for sending backlog vacancies but no report has been sent to that effect in the office of the concerned respondent, however, it is stated that the cadre of Assistant Engineer has not been finalized so far.;