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2011 Supreme(Pat) 1347

V.N.SINHA
Arun Prasad Son Of Late Ramchandra Prasad – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard learned counsel for the petitioners and the State.

2. Petitioners are the members of Bihar Engineering Service Class-I, II servng in the Water Resources, Road Construction Department of the State Government. They have filed this writ petition challenging the instructions of the State Government bearing letter no. 745 dated 5.2.2008, Annexure-1 issued from the Personnel and Administrative Reforms Department of the State Government, whereunder Principal Secretary, Water Resources, Road Construction Department of the State Government have been instructed to draw fresh seniority list of the members of the Engineering Service in the light of the 85th Constitutional Amendment as also, the instructions contained in the resolution of the Personnel and Administrative Reforms Department bearing no. 213 dated 7.6.2002. In the writ petition resolution no. 213 dated 7.6.2002 has not been annexed but counsel for the State has brought the same on record as Annexure-A to the counter affidavit. Perusal of resolution no. 213 dated 7.6.2002 would indicate that thereunder instruction was issued to protect the seniority of SC/ST members of the different services of the State in the li





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