N. Panday, J

Petitioners are the members of the Bihar Engineering Service (Class-I) in the Public works Department (Road Construction), State of Bihar. By means of these writ applications they have challenged the validity of the decision of the State Government dated 21st March, 1991 as contained in Annexure 1 to C.W.J.C No. 7009 of 1991, whereby, the respondent authorities were directed to continue roster system for filling up the posts through promotion, even the representations of the candidates, belonging to reserved category i.e. Scheduled Castes and Scheduled Tribes, he reached the legally permissible limit of 24% of the strength of the particular cadre.

The further prayer in that in case, it is found that promotions against the concerned posts were given beyond the permissible limit the respondent authorities be directed to treat such number of posts vacant and take steps for promotion in terms of Rule 17 and 24 of Bihar Engineering Service Class I Rules, 1939(in short 'The Rules') Since the impugned decision was communicated during pendency of C.W.J.C. No. 9874 of 1989, therefore, this petitioners also by filing supplementary petition has joined bands with the petiti