SUDHAKAR PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) BY this writ application the petitioner has prayed for issuance of directions upon the respondents to place him in the gradation list of Assistant Engineers of Water Resources (Irrigation) Department on the basis of the position fixed for the Junior Engineers working in the same Department from which the petitioner and others including juniors were promoted in the cadre of Assistant Engineers with effect from different dates. The petitioner has also prayed for directions to promote him to the post of Executive Engineer with due date of promotion.

(3.) IT is submitted by learned counsel for the petitioner that in the gradation list of Junior Engineers as contained in annexure 3, the petitioner was placed above one Deo Chandra Mishra, but in the gradation list of Assistant Engineers he has been placed much below Deo Chandra Mishra in utter disregard to the date of entry in services. It is further submitted that the position as mentioned in the gradation list of Junior Engineers could have been maintained in the gradation list of the Assistant Engineers and, accordingly inter se seniority could have been decided. It is also submitted that his position was fixed on the basis of the date of his entry in the Bihar Engineering Services Class II, but his position had not been fixed on the basis of his date of birth.