Pramath Patnaik, J. - (1.) The aforesaid writ application has been filed for quashing the part of notification dated 10.04.2007 read with memo dated 10.04.2007 whereby three (3) junior persons namely respondent nos.10, 11 and 12 in the final gradation list of Assistant Engineer of Road Construction Department, Government of Jharkhand have been shown senior to the petitioners in derogation of decision of Hon'ble Apex Court and Hon'ble Patna High Court and the petitioners have further prayed for placement in appropriate position right from 1989 with all consequential benefits.
(2.) The brief facts as has been depicted in the writ application is that all the petitioners were appointed as Assistant Engineers in pursuance of examination conducted by Bihar Public Service Commissioner. The petitioners were granted junior selection grade from 03.09.1991, 16.06.1991 and 16.06.1992 respectively whereas the respondent nos.11 and 12 were granted from 11.12.1992. Tentative gradation/seniority list of Assistant Engineers of Road Construction Department, Government of Bihar was published whereunder petitioner no.1 figures at serial no.2392, petitioner no.2 at serial no.2405, petitioner no.3 at serial 2411 and petitioner no.4 at serial no.2413 whereas respondent no.10 finds placed at serial no.2670, respondent no.11 at serial no.2674 and respondent no.12 at serial no.2679 inviting objection within 90 days from the affected persons. Final gradation list of Assistant Engineer was published on 03.09.1994 after entertaining the objection wherein the petitioner nos.1 to 4 has been placed at serial nos.2375, 2391, 2397 and 2399 respectively whereas the respondent nos.10, 11 and 12 have been placed at serial no.2489, 2494 and 2499 as evident from Annexure4 to the writ application. Since, vide notification dated 20.11.1995 inter-se position given to one Sri Mahendra Paswan, the seniority of the petitioners was affected therefore, the petitioner no.1 Madan Kumar moved in C.W.J.C. No.8934 of 1996 for quashing the notification dated 20.11.1995 and the petitioner no.3 and others moved in C.W.J.C. No.708 of 1996 for restraining the State respondents to shift back the dates of promotion of promoted Assistant Engineers from Junior Engineer and one Ramdeo Ram and others moved in C.W.J.C. No.4800 of 1996 with a prayer for shifting back the date of promotion on the post of Assistant Engineers from 11.12.1987 to earlier dates. The aforesaid writ petition was heard together and disposed of on 06.02.1998 whereby notification dated 20.11.1995 was quashed and petitioner no.1 was shown senior to one Sri Mahendra Paswan and the writ petitions filed by the petitioner no.3 was also allowed and C.W.J.C No.4800 of 1996 filed by promoted Assistant Engineer from Junior Engineers was dismissed and the Hon'ble Court directed the respondents not to shift back the date of promotion of any Assistant Engineer promoted in the year 1987 affecting the right of other persons as per order dated 06.02.1998 vide Annexure-7 of the writ application. It has further been averred that the letter dated 03.12.1999 has been issued by the Deputy Secretary, Road Construction Department whereby promoted Assistant Engineers have been given financial benefits from due dates, on the basis of order dated 10.04.1997 passed in C.W.J.C. No.3113 of 1997 in infraction of the order dated 06.02.1998 passed in C.W.J.C. No.8934 of 1996 with analogues cases. Thereafter, one Indrajit Kumar and others like the petitioners who are copetitioner in C.W.J.C. No.708 of 1996 moved in M.J.C. No.4006 of 1999 for compliance of order dated 06.02.1998 passed in C.W.J.C. No.8934 of 1996 with analogues cases wherein the Hon'ble Court vide order dated 16.10.2003 observed that earlier judgment dated 10.04.1997 would not govern the cases of the present petitioners because in the present case the matter was intraparty. The promoted Assistant Engineers Mahendra Paswan and Ramdeo Ram and others moved in L.P.A No.1143 of 2003 and L.P.A No.1144 of 2003 against the order dated 16.10.2003 passed in M.J.C. No.4006 of 1999 which has been dismissed as withdrawn on 21.10.2005 vide Annexure-11 to the writ application. The petitioners and the private respondents were alloted cadre of Jharkhand on the post of Assistant Engineer maintaining the serial on the gradation list dated 03.09.1994. Provisional gradation list of Assistant Engineers of Road Construction Department, Government of Jharkhand after final cadre allotment was published. The petitioners have been placed at serial nos.204, 208, 210 and 211 respectively and the respondent nos.10, 11 and 12 has been placed at serial nos.225, 226 and 227 respectively as per notification dated 06.12.2006 vide Annexure-13 to the writ application. It has further been submitted that L.P.A No.301 of 1998 filed by Mahendra Paswan against the order dated 06.02.1998 passed in C.W.J.C. No.8934 of 1996 and L.P.A. No.322 of 1998 filed by Ramdeo Ram and others were dismissed by Division Bench of the High Court of Patna on 14.12.2006 vide Annexure-14 to the writ application. Since, Vide Annexure-1 to the writ application, the gradation list which has been prepared wherein the petitioners have been placed at serial nos.208, 211, 213 and 214 whereas the respondents have been shown senior to the petitioners at serial nos.74, 75 and 78. Being aggrieved by the illegal action of the respondents vide Annexure-1 relating to inter-se placement in the gradation list, the petitioners have been constrained to approach this Court under Article 226 of the Constitution of India for redressal of their grievances. During pendency of the writ application, the State of Jharkhand has issued other notification whereunder the petitioners were shown senior to respondent nos.10 to 12, however, again by a subsequent notification the private respondents have been shown senior to the petitioners. The petitioners have filed I.A. No.5487 of 2016 for challenging notification dated 07.12.2009 and a part of notification dated 05.05.2015 whereby the respondent nos.11 and 12 have been placed senior to the petitioners. In the interlocutory application, one more final gradation list of Assistant Engineer (Civil) of Road Construction Department, Government of Jharkhand came to be issued vide notification 03.03.2015 whereby petitioners have been placed at serial Nos. 139, 142, 144 and 145 and the private respondent nos. 11 and 12 have been shown at serial nos.195 and 196 respectively which shows that the petitioners were senior to the private respondents.
(3.) Mr. Rupak Kumar, learned counsel for the petitioners has submitted with vehemence that the petitioners are entitled to be shown senior to private respondent nos.11 and 12 with all consequential benefits. In this respect, learned counsel for the petitioners has referred to 1991 (2) PLJR 52 (S.C).;