BANGALIRAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) As in both the writ applications the question involved is common, with the consent of the parties, they have been 'heard together and are being disposed of by this common order.

(2.) Initially, the petitioners of the first writ case (C.W.J.C. No. 4706 of 1996) claimed seniority over respondents No. 5 to 13 who belong to the Scheduled Caste and Scheduled Tribe categories by virtue of their seniority in the basic/initial grade of appointment, i.e., Assistant Engineer and for direction to revise/recast and update the seniority list dated 11-12-1992 of the Bihar Engineering Service Class I (in short 'B.E.S. Class I') by placing the said respondents just below the respective general category candidates, including the petitioners to whom they were junior in the initial grade of Assistant Engineer and, further, restraining the respondent State from giving effect to the seniority list dated 11-12-1992 in so far as it relates to them for promotion to the posts of Chief Engineer against general vacancies without revising/recasting and updating the same in the manner aforementioned. However, later learned Counsel for the petitioners realising that the principle for fixation of seniority is only required to be decided on the basis of which the Government will have to fix the seniority accordingly and keeping in mind the law laid down in this regard by the Apex Court in the case of A. Janardhana v. Union of India, AIR 1983 S.C. 769, Paragraph 36 as also the law laid down by the Apex Court on the question of fixation of seniority in various cases, sought permission to delete the names of respondents No. 5 to 13 which was granted, vide order dated 7-8-1996.

(3.) Further, in view of the law laid down by the Apex Court in various cases with respect to fixation of seniority of Officers belonging to general category visa-vis reserved category after their accelerated promotion as per roster under the rule of reservation, learned Counsel for the parties submitted that the matter may be heard and finally disposed of at this stage itself and, accordingly, the parties were granted time to file counter affidavit, reply and rejoinder and the date was fixed for final disposal.