P. B. Bajanthri, J.—Pursuant to earlier order dated 02.11.2022 Mr. Sanjay Kumar Agarwal, The Principal Secretary, Water Resources Department, State of Bihar, Patna is present in the Court.

2. In the instant appeal, appellants has assailed the order of the learned Single Judge dated 30.01.2012 passed in CWJC No. 10443 of 2011.

3. The appellants in their writ petition they have prayed for the following relief:—

“That the instant Memo of Appeal is directed against the Order of this Hon'ble Court passed in CWJC No.- 10443 of 2011 (Upendra Sharma & Ors vs. The State of Bihar & others) by Hon'ble Justice Mr. Navin Sinha vide order dated 30.01.2012, by which the Hon'ble Court has been pleased to hold that the impugned order dated 06/06/2011 passed by the Principal Secretary, Water Resources Department, Government of Bihar, Patna by which the Respondents no.-6&7 of the writ application as direct recruits were declared senior to the writ petitioners who were the promotees from the post of Junior Engineer to that of Assistant Engineers, is not sustainable and accordingly set aside, thereby allowing the writ petition.”

4. Writ petition was filed by the respondent and it was allowed in their favour. Feeling aggrieved by the contesting respondents in the petition presented LPA No. 679 of 2012. Brief facts of the case are that respondents were assigned ranking in the final seniority list of Assistant Engineer dated 03.01.2008 over and above the appellants and they were promoted to the post of Superintendent Engineer. The learned Single Judge passed the following order:—

“Heard learned Counsel for the petitioners, the State, private respondent no. 6. No one appears on behalf of private respondent no. 7 despite valid service.

The petitioners are promotees from the post of Junior Engineer to that of Assistant Engineers. Respondent no. 6 is a direct appointee as Assistant Engineer. The controversy is with regard to the seniority on the post of Assistant Engineer, the feeder post for Executive Engineer. The petitioners are aggrieved by the order dated 6.6.2011 of the Principal Secretary, Water Resources Department, holding that respondents 6 and 7 as direct recruits were senior to the petitioners. It is submitted that a provisional gradation list of Assistant Engineers was prepared in 1992.The petitioners were shown junior to the private respondents. Objections were filed by the petitioners. In the final gradation list published on 14.2.2001 the petitioners were placed above the direct recruits. The private respondents did not challenge the final gradation list. On 9.4.2007 a gradation list was published at the time of reorganization of the State of Bihar. The petitioners were again shown senior to respondents 6 and 7. On 3.1.2008 a gradation list was again published in which the petitioners were likewise shown as senior to the direct recruits. On 29.12.2010 in accordance with their seniority position in the gradation list the petitioners were promoted to the next promotional post of Executive Engineer. At this stage the private respondents had approached this Court in CWJC No. 15224 of 2010 (Beer Chand Thakur & another vs. The State of Bihar) with the grievance that they have wrongly been shown as junior in the gradation list of Assistant Engineer. Their representation was pending. They may be permitted to file an exhaustive representation which was disposed on 12.1.2011with directions for consideration as also hearing those likely to be affected.

The private respondents filed their representation on 21.1.2011. It did not make a full and complete disclosure of facts. The petitioners were noticed, filed their objections in detail but the impugned order came to be passed now questioned by them.

It is submitted that the issue of interse seniority attained finality in the gradation list of 2001. Respondent no 6 and 7 did not protest when they lost their position in the provisional list. They did not protest in 2007 or 2008. The first grievance came belated