Mridula Mishra, J.

1. Petitioners in all these writ applications were appointed in the year 1997, 1998 and lastly in the year 2007 as Assistant Engineers in the Joint Cadre of Road/Building Construction Department, Government of Bihar. They were applicants for appointment against Advertisement No. 93 of 1985. Petitioners are claiming their notional seniority, and placement in the gradation list of Assistants Engineers of Road/Building Construction Department, just below the last person appointed on 13.2.1989, against the vacancy in the General Category, in pursuant to Cabinet decision dated 2.2.1988. Petitioners, thus claim to be senior to respondents, who were appointed in reserved category pursuant to advertisement No. 93 of 1985, as well as against subsequent vacancies, pursuant to advertisements published subsequently.

2. Advertisement No. 93 of 1985 was published by the Bihar Public Service commission on 13.10. 1985 for appointment of 245 regular Assistant Engineers in the joint Cadre of Road/Building Construction Department. The selection process started, continued, viva voce held and subsequently the State Government sent requisition to the Bihar Public Service Commission vide letter dated 20.5.1986 and 10.6.1986 that total 738 vacancies available in works departments till 20.8.1986 will be filled from the panel of Advertisement No. 93 of 1985. The Bihar Public Service Commission on 6.4.1987 sent names of 593 general candidates, 273 reserved candidates and 5 more posts falling vacant on account of non-joining. Thus total posts were filled and 593 candidates from general category, 273 from reserved category and 5 more candidates were finally appointed and thus, the transaction initiated vide Advertisement No. 93 of 1985 was almost closed. After the first transaction of appointment was coming to closure, on 2.2.1988, the Cabinet took a decision to fill up all vacancies till 31.12.1987, from the panel of Advertisement No. 93 of 1985. On the basis of this cabinet decision 702 general candidates, 11 economically backward candidates were recommended and last person appointed under general category was Rajesh Kumar Mishra on 13.9.1989. Since all the posts of general category were filled up and reserved posts for Scheduled Castes and Scheduled Tribes remained vacant, the Cabinet took decision to fill up these posts by issuing fresh advertisement. Pursuant to this Cabinet decision, the State took a decision dated 28.4.1988 that Road Construction Department, which was the Nodal Department will send special requisition to the Bihar Public Service commission for filling up posts reserved for Scheduled Castes and Scheduled Tribes by publication of fresh advertisement. The request was sent to the Bihar Public Service Commission for filling 77 post of Scheduled Castes, 55 for Scheduled Tribes, 181 for Economically Backward Category, 42 for Backward Category, 2 for Economically Backward Women Category and 35 for women. The Bihar Public Service commission vide letter dated 12.12.1988 informed the Secretary, Road Construction Department that advertisement had been issued for 392 reserved posts and interview were held from 1.10.1988 to 13.10.1988. It was also informed that 175 posts reserved for Scheduled Castes and Scheduled Tribes remained unfilled as suitable candidates were not available.

3. Advertisement No. 1 of 1994 was published for filling vacancies of Scheduled Castes and Scheduled Tribes candidates and advertisement no. 16 of 1994 for filling vacancies in extremely backward category. Despite these advertisement vacancies of all posts in reserved category could not be filled. There remained 72 vacancies in S.T. category which was being carried forward through three consecutive advertisements. So far general category candidates are concerned, all vacancies were already filled and last appointee was Rajesh Kumar Mishra. Since reserved posts, as per Cabinet decisions were decided to be advertised for three years, 387 perso