Arun Kumar Mahto vs State of Bihar - 2023 Supreme(Pat) 1418

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 1418

K. VINOD CHANDRAN, PARTHA SARTHY
Arun Kumar Mahto – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Appellants : Mr. Ashish Giri (in both)
For the State : Mr. Manish Kumar, A.C. to AAG 6 (in both).
For the Respondents: Mr. Bindhyachal Singh, Sr. Adv., Janmejay Giridhar (in both).

Partha Sarthy, J.—Heard learned counsels for the appellants and learned counsel for the respondents.

2. The two appeals ie. LPA no.1951 of 2016 which arises from CWJC no. 9962 of 2016 and LPA no.1946 of 2016 which arises from CWJC no. 10029 of 2016, both having been dismissed by a common judgment dated 28.9.2016, have been taken up together for adjudication.

3. In both the cases the writ petitioners-appellants have challenged the final gradation list relating to the post of Executive Engineer and above of the Bihar Engineering Service (Civil) Class- I services contained in notification no. 6716 dated 1.6.2016 issued under the signature of the Special Secretary, Rural Works Department, Government of Bihar. The appellants have also prayed that while fixing the seniority in the cadre of Executive Engineer which is in the Bihar Engineering Service (‘BES’ in short) Class-1 service, the service rendered in any other class/cadre cannot be considered. A further prayer is made to direct the respondents to re-fix the seniority of the appellants by considering the period in service rendered in that cadre alone and for other reliefs.

4. The case of the appellants in LPA no.1951 of 2016 are as fol