Learned counsel appearing for the petitioner submits that the petitioner was appointed as .Junior Engineer in the State of Bihar on 30.4.1983. In spite of rendering services to the satisfaction of the authorities, when the petitioner was not promoted to the higher post, he moved an application before this Court, vide W.P.(C) No. 3538 of 2002 for a direction 10 the respondents-authority to consider the case of promotion of the •petitioner. In that case, it was placed before this Court that a decision is to be taken by the State of Bihar with the consent of the State of Jharkhand, as the cadre has not been bifurcated. The case was disposed of directing the Secretary, P.H.E.D., Government of Jharkhand to take a decision on the request letter dated 13.2.2002 received from the Secretary, P.H.E.D., Government of Bihar relating to promotion of the petitioner and others.

2. Pursuant to that, concurrence was given by the State of Jharkhand for taking decision in the matter of promotion of the petitioner. Upon which vigilance clearance was taken from the Bihar Public Service Commission and only on that basis, the petitioner was promoted to the post of Executive Engineer vide Notification