This writ petition by the four writ petitioners is for a direction to the State and the respondents to substantively give promotion to them from the date they were appointed as acting Executive Engineers and, consequently, to quash the order of the Secretary, Public Health Engineering Department, Bihar, Patna (Annexure-1).

2. There is a counter affidavit and the supplementary affidavit thereto and with consent of parties the writ petition has been heard for its final disposal at this stage itself.

3. Mr. Basant Kumar Choudhary, learned Senior Counsel appearing in support of the writ petition submits that substantively the petitioners were Assistant Engineers in the Department of Public Health Engineering. They were fully qualified to be promoted to the post of Executive Engineers. There were vacancies available but for various ulterior motive and considerations State instead of giving them substantive promotion gave them promotion as incharge Executive Engineers which posts they were qualified to hold substantively. They all retried as such. The adverse effect that has taken place is that they have retired on substantive pay scale of an Assistant Engineer with only officiating a