S.N.PATHAK,J. - (1.) The petitioners have approached this court with a prayer for quashing the notification as contained in memo no. 4601/ Ranchi, dated 22.11.2010 issued by Under Secretary, Department of Water Resources, Government of Jharkhand, whereby promotion granted to petitioner and several others by the State of Bihar, Department of Water Resources, with effect from 01.01.1998 vide notification no. 2525, dated 17.06.05, issued by Deputy Secretary, Department of Water Resources, Government of Bihar, has been canceled. Factual Matrix:
(2.) The petitioners were appointed as Junior Engineers, Water Resources Department in Government of Bihar. It has been stated that the petitioners having unblemished service record have been considered and granted promotions in the year 1998 much before the bifurcation of the State of Jharkhand from the erstwhile State of Bihar but the final allocation of the cadre of the staff of Water Resources Department took place between Jharkhand and Bihar in the month of October, 2004 and the petitioners were allocated Jharkhand Cadre.
(3.) It has been further stated that Government of Bihar, Department of Water Resources vide notification no. 654/Patna, dated 25.01.2002, promoted altogether 63 Diploma holder Junior Engineer (Civil), independent charge and posted with effect from 25.01.2002 and the copy of said notification has also been sent to Secretary, Water Resources Department, Government of Jharkhand with a request to post all such diploma holder Junior Engineers as all such 19 as Assistant Engineer (Civil) as Independent charge, who are presently posted in the State of Jharkhand. The Department of Water Resources, Government of Jharkhand vide its notification no. 2286, dated 20-05-02, have given independent current charge and posted the petitioners and several other Diploma Holder Junior Engineers (Civil) as Assistant Engineer (civil) in their own pay scale. The petitioners along with other Junior Engineers were considered for promotion to the post of Assistant Engineer with effect from 01.01.1998 vide notification no. 2525/Patna, dated 17.06.05 issued by Water Resources Department, Government of Bihar. The counterpart of the petitioners in Water Resources Department, Government of Bihar were all granted promotion to Junior Engineers and monetary benefits were granted with effect from 01.01.1998.;