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d. For issuance of an appropriate writ, order or direction on the respondents to consider the case of the petitioner for promotion to the next higher rank of Superintending Engineer, with all consequential benefits from 03.02.2016 in the pay scale of PB-IV Rs.37400-67000/- Grade Pay Rs. 8700/-, which shall Page | 5 2026:JHHC:11185-DB be further fixed in the revised pay structure of 7th Pay Revision accepted by the Government of Jharkhand and further higher promotion (if any is granted to such junior persons) by granting relaxation in respect of required "Kalavadi" with effect from the date, the Juniors to the petitioner have been granted promotion vide notification issued under Memo No. 761(S) dated 03.02.2016 (Annexure- 24) and if necessary, supernumerary post in the grade of Superintending Engineer and Chief Engineer may also be created for the purpose of accommodating the petitioner and all arrears of salary and allowances should also be paid to the petitioner on the basis of such retrospective promotions in Road Construction Department. e. For issuance of an appropriate writ or a writ in the nature of mandamus directing the respondents to rearrange the inter-se-seniority list dated 05.05.2015 of the Assistant Engineers under control of Road Construction Department, Government of Jharkhand inasmuch as the juniors to the petitioner have been placed at serial number 23 to 61 and the petitioner being senior-most to them finds place at serial number 575 (Ka), which is contrary to the findings as in order dated 28.9.15 passed by this Hon'ble Court in LPA No. 106 of 2015 and guidelines of the Central Government, Department of Personnel and Training. f. For issuance of an appropriate writ in the interest of justice by way of interim relief during the pendency of the present writ petition, the respondents may kindly be directed to consider the case of the petitioner for promotion to the post of Executive Engineer as per earlier rules i.e. Bihar Engineering Service Class-I Rules, 1939 against his due entitlement out of 28% promotional post of Executive Engineers from Assistant Engineers (promotee) of Diploma holders at least from 23/11/2009 on which date the juniors to him have Page | 6 2026:JHHC:11185-DB been promoted particularly in view of the fact that Assistant Engineers direct recruits and promotees those possessing AMIE/degree engineering have entitlement of only 72% promotional posts of Executive Engineers in terms of order dated 28/9/2015 passed in LPA No. 106 of 2015 and also considering that 30 posts of Executive Engineer were left unfilled by the Departmental Promotion Committee during its meeting held on 28/11/2014 considering the representation of Diploma Engineers Association (hereinafter to be referred to as "the Association') dated 25.11.2014 particularly in terms of law laid down by the Constitution Bench of the Hon'ble Supreme Court in para-47 (C) and (G) of the decision reported in (1990) 2 SCC 715 as well as para-35 of the decision reported in (2015) 10 SCC 292 and other decisions too within a shortest specified period before his superannuation date (28/2/2018) to bring him minimum at par with the juniors to him some of them are already availing of such benefits from 23.11.2009 and / or from 1.12.2014.

19. The Petitioners are said to be Diploma Holders in Civil Engineering from Government Polytechnics of the State of Bihar, which Diploma is said to be recognized by All India Council for Technical Education.

20. The petitioners having been appointed as Junior Engineers became entitled for promotion to the higher posts of Assistant Engineer, Executive Engineer and Superintending Engineer from their due dates falling on 9.12.1990, 9.12.1998 and 9.12.2005 respectively. However, despite being eligible and entitled to be considered for promotion under Rule 11 of Bihar Engineering Service Class II Rules, 1939 and Rule 17 of Bihar Engineering Service Class 1 Rules, 1939 for these promotions from the due dates the State did not even Page | 20 2026:JHHC:11185-DB consider their cases. Belatedly on 03.05.2013 the State granted them only one promotion i.e. to the post of Assistant Engineer. Yet the State granted promotions to amongst others, Junior Engineers to the post of Assistant Engineer w.e.f. 27.06.1987, Executive Engineer w.e.f. 23.11.2009 and Superintending Engineer w.e.f. 3.2.2016 though these persons were admittedly juniors to the petitioners as they were appointed after the appointment of the petitioners on 09.12.1982 on the post of Junior Engineer which shall be manifest from bare perusal of Annexure 17 to the writ petition read with, inter alia, paragraph no. 45 thereof, which have not been traversed by the respondents. The petitioners were entitled to be granted these three promotions with consequential benefits either independently as per their entitlement and/or from dates juniors were granted these promotions and such denial by the State is in violation of Articles 14 and 16 of the Constitution of India.

40. Accordingly, the matter has been heard on merit as also on the Interlocutory Application(s) filed by the parties.

Submission on behalf of petitioners:

Page | 36 2026:JHHC:11185-DB

41. Mr. Jitendra Singh, learned senior counsel for the petitioners appearing in W.P. (S) No. 654 of 2018 and W.P. No. 2189 of 2018 has submitted that the petitioners having been appointed as Junior Engineers became entitled for promotion to the higher posts of Assistant Engineer, Executive Engineer and Superintending Engineer from their due dates, as per Rule 11 of the Bihar Engineering Service Class II Rules, 1939 and Rule 17 of the Bihar Engineering Service Class I Rules, 1939. However, belatedly on 03.05.2013, the State granted them promotion only to the post of Assistant Engineer but the State granted promotion to other Junior Engineers, who are even junior to the petitioners, to the post of Assistant Engineer w.e.f. 27.06.1987; Executive Engineer w.e.f. 23.11.2009 and Superintending Engineer w.e.f. 03.02.2016.

Page | 66 2026:JHHC:11185-DB 17Procedure for recruitment by promotion.

(a)When the Governor has decided that any vacancy or vacancies in the service shall be filled by promotion, the Chief Engineers will nominate for promotion of, officers from the Bihar Engineering Service, Class II, the nomination will be made by seniority and merit combined but more importance will be attached to merit. The officers nominated by the Chief Engineer shall be arranged in order of preference and the number should ordinarily be 50 per cent in excess of the number of vacancies to be filled.