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 follows:—

(i) The appellant no.1 was appointed as an Assistant Engineer (Civil) in the year 1985 in the Road Construction Department, Government of Bihar. He was promoted as Executive Engineer, Road Construction Department (BES Class-I service) in the year 1993 and was further promoted to the post of Superintending Engineer on 23.9.2006.

(ii) The appellant no.2 was appointed as an Assistant Engineer in the year 1987 in the Road Construction Department, Government of Bihar. He was promoted as Executive Engineer in the year 1996 and was further promoted as Superintending Engineer by notification dated 30.7.2008.

(iii) The appellant no.3 was appointed as an Assistant Engineer in the year 1989 in the Water Resources Department, Government of Bihar. He was promoted as an Executive Engineer in the year 1999 w.e.f. 1997 and was subsequently promoted as Superintending Engineer in the year 2009.

5. The sole appellant in LPA no.1946 of 2016 was promoted on the post of Executive Engineer by notification dated 27.8.1996 and was subsequently promoted as Superintending Engineer in the Road Construction Department, Government of Bihar on 30.7.2008.

6. It is the case of the appellants that in preparing the gradation/seniority list in relation to BES Class-II, which consists of the Assistant Engineers from amongst the promotees from the Bihar Subordinate Engineering Service, the services rendered in the Bihar Subordinate Engineering Service is not taken into consideration. Similarly, while preparing the gradation/seniority list in the BES Class-I (which consists of the Executive Engineer, the Superintending Engineer, the Chief Engineer and the Engineer-in- Chief) the service rendered in the BES Class-II cadre as Assistant Engineer is not to be taken into consideration.

7. The respondents in the year 2014 vide notification dated 13.11.2014 came out with a provisional gradation list in BES Class-I services which was prepared on the basis of the date of appointment by way of promotion to the respective post on BES Class-I service. The service rendered in the BES Class-II service was not considered. Although the said provisional gradation list was in accordance with law and should have been made final, another provisional gradation list was prepared and objections invited vide letter dated 6.5.2016. Learned counsel for the appellants submits that the gradation list has not been prepared on the basis of the date of joining in BES Class-I service but has been prepared on the basis of date of entry in BES Class-II service in the post of Assistant Engineer. The same has resulted in persons junior to the appellants in the post of Superintending Engineer to be shown as seniors to them even though they have been appointed much subsequent to the appellants.

8. It is further submitted by l