NARENDRA NATH TIWARI, J. - (1.) IN the writ petition the petitioner -appellant had sought for a direction of this Court commanding upon the respondents concerned to restore the position of the petitioner in the seniority list as was existing on 15.7.2000 and thereby suitably modify the Notification No. 2629 (S) dated 29.6.06 issued by the Road Construction Department, Government of Jharkhsnd, Ranchi.
(2.) THE petitioner has claimed that similarly situated persons of general category (unreserved category), namely, M/s Ripusudan Dubey, Raghubansh Prasad Singh, Tripurari Shankar Prasad and Krishnanand Choubey and several others have been given their due place, but the petitioner was not considered only on the ground that he had not approached this Court. The appellant presently holds the post of Executive Engineer w.e.f 6.2.97 after his promotion to the said post on 31.1.97. The State of Bihar had published a seniority list in respect of the Engineering Services Class -I which was published by Notification No. 4666(S) WE dated 15.7.2000. The petitioner stood at SI. No. 328 in the said seniority list.
(3.) AFTER bifurcation of the State of Bihar under the provision:; of Bihar Re - organization Act, 2000 on 15.11.2000, the cadre of Engineering Services Class -I was divided between the two successor States i.e. State of Bihar and State of Jharkhand and the services of the petitioner were allocated to the State of Jharkhand. After bifurcation a provisional seniority list of Class -I Engineering Services was published on 15.3.2003. The said seniority list was challenged in several writ petitions. One writ petition being W.P(S) No. 5882/03 was filed by the petitioners Raghubansh Prasad Singh, Tripurari Shankar Prasad, Krishnanand Choubey. A Division Bench of this Court by interim order dated 16.12.03 directed the respondents not to revert the said petitioners nor affect their standing in the seniority, promotion and pay etc.;