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3. The connected writ petition i.e. W.P. (S) No.2496 of 2009 has been filed by the petitioners praying inter alia for consideration of their cases of promotion from the post of Junior Engineer to the post of Assistant Engineer on the basis of seniority list published on 30.10.2007.

4. Shorn of unnecessary details, the facts as has been disclosed in the writ applications is that the petitioners have been appointed against Diploma Holder Junior Engineers and during course of their employment, the petitioners have acquired the AMIE Degree. In the absence of any statutory Rule, seniority list was prepared on 30.10.2007 on the basis of getting the degree of AMIE after inviting objections from all concerns. In the said seniority list, the positions of the petitioners in W.P. (S) No. 5102 of 2009 have been shown at serial nos.4, 3 and 5 respectively as per Annexure-1 to the writ application. Since, no Departmental Promotion Committee was convened in spite of vacancies in the promotional post of Assistant Engineers the petitioners were made In-charge Assistant Engineers. Due to lack of initiation in convening the DPC for consideration of promotion of the eligible candidates including petitioners to the post of Assistant Engineers the petitioners were constrained to approach this Court in W.P. (S) No.2496 of 2009. But, during pendency of the writ application, circular dated 01.09.2009 was issued inserting Clause-Gha by which it has been decided that for preparation of seniority list of qualified Junior Engineers, the basis will be that the Degree Holder senior Junior Engineers will be senior to the Degree Holder Junior Engineers. In the said Circular at Clause-Anga it has been decided to prepare another gradation list on the basis of required qualification as per Annexure-3 to the writ application. Thereafter, order dated 27.10.2009 has been issued by which a fresh gradation list has been published whereby the inter-se position of the petitioners have been changed and they have been placed below the persons who have got AMIE Degree subsequent to the petitioners. Being aggrieved by the another seniority list dated 27.10.2009, the petitioners submitted representations vide Annexure-7 series and 8 to the writ application but it did not evoke any response, which constrained the petitioners to approach this Court under Article 226 of the Constitution of India for redressal of their grievances.

6. Controverting the averments made in the writ application, a counter-affidavit has been filed by the respondents wherein it has been submitted that vide Departmental office order no.122 read with memo no. 2526(s) dated 14.05.2007, a provisional inter-se seniority list of Junior Engineers, who obtained AMIE or equivalent qualification was published and objections were invited in this regard from them. In the light of order passed by Hon'ble Apex Court in Civil Writ No.6265 of 1999, in the case of Pramod Kr. Pankaj Vs. State of Bihar and Others and after going through the objections received from the Junior Engineers, final seniority list was published vide departmental office order dated 30.10.2007. Thereafter, the objections were again filed by some Junior Engineers on the final seniority list and they pointed out that the seniority list should be rectified on the basis of date of the passing of AMIE or equivalent qualification as mentioned in Para 4(d) of resolution dated 22.07.1998 of Road Construction Department, Bihar, Patna. Since, the promotion has not been given to the AMIE Degree holder Junior Engineers to the post of Assistant Engineers then the settled issue that arrangement can also be done that the seniority list of those Junior Engineers who have passed AMIE/Degree by July, 2008, their seniority list may be prepared in the same order which is in their original cadre of Junior Engineers and on the basis of that seniority they were promoted as per vacancy available before July, 2008. With regard to inter-se seniority of AMIE or equivalent qualification holder, seniority list of those Junior Engineers who have obtained above eligibility before issuance of proposed modified resolution may be prepared in the order of their basic grade seniority and they may be promoted as per rule depending on the vacancy available up-to the date of issuance of modified resolution as per the government reservation policy. It has further been submitted that keeping in view the facts, the policy decision taken by the Road Construction Department, Government of Bihar vide resolution dated 21.02.2008, the advice of Personnel, Administrative Reforms and Rajbhasha Department, Jharkhand the State Government has issued resolution vide memo dated 01.09.2009 for the promotion of working Junior Engineers who have obtained AMIE/equivalent eligibility prior to or after coming in the service and decision taken is as follows:-

(i).Keeping intact 62% quota of the total cadre strength of Assistant Engineers of Engineering Service-Class-II in works Department for direct requirement; 10% quota for AMIE and equivalent degree holder Junior Engineers and rest 28% quota for promotion of working Diploma Holder Junior Engineers be fixed.

(ii).Accordingly, promotion of AMIE/equivalent qualification Junior Engineer's to Assistant Engineer's be given against the vacancies calculated for each calendar year (1 st January to 31st December) against 10% posts of total cadre strength of the Assistant Engineers. If in any calendar year the vacancies admissible as above will be more in comparison to the available number of AMIE and equivalent eligibility holder Junior Engineers, then balance vacancy will not be carried forward for next year. But those vacancies will be added in the category wise available vacancy for promotion of Diploma Holder Junior Engineers the vacancies of AMIE or equivalent qualification of General category will get added i.e. to vacancy of General Category Diploma Holder Junior Engineers and the vacancies for reserved categories to the Junior Engineers of respective reserved categories.

(iii).The facility of promotion to the post of Assistant Engineers on the basis of the quota mentioned in above sub para (i) will be applicable to all those Junior Engineers who have passed AMIE/equivalent Engineering degree examination either in their service period or before entering the service and have completed five years of minimum service.

(iv).The degree holder senior Engineers will be placed above the Degree Holder Junior, Junior Engineer in preparing the list of eligible Junior Engineers against the vacancy under the 10% quota mentioned above.