1. Heard learned counsel for the petitioner and the State of Bihar.

2. Order of punishment and the appellate order dated 04.02.1999 and 21.05.2004 respectively are being sought to be challenged through I.A. No. 7609 of 2017 by the writ petitioner contending that they were not communicated to the petitioner earlier as the same have been served to the present counsel on 07.07.2017. The present counsel has entered appearance through vakalatnama on 27.04.2017 after obtaining no objection from the erstwhile counsel.

3. Petitioner in the present writ petition has sought grant of junior selection grade scale of pay w.e.f. 01.04.1981 and promotion to the post of post of Executive Engineer w.e.f. 11.04.1998 as his immediate juniors have been promoted to the said post. He has also sought full salary for the period of his suspension from 08.02.1991 to 13.10.1994. He contended that he should have been given the charge of Superintending Engineer as his Juniors were given such charge.

4. The State of Bihar in its supplementary affidavit filed on 28.9.2004 had brought on record the order of punishment and the appellate order, which is being sought to be challenged. The main prayer for the petitioner was contested by the Respondent specifically Respondent State of Bihar through their affidavits filed on 28.06.2004 and 20.07.2004.

5. As per the averments in the writ petition, petitioner was posted under the Bihar State Construction Corporation Ltd. at Darbhanga from 01.05.1977 to 30.06.1983 and after being appointed as Engineer’s Assistant on 04.08.1973 at Tenusone Design Division No.1, Patna. He was thereafter posted as Assistant Engineer at the Planning and Design Division No.2, Central Design Organization, Patna from 16.04.1987 to 07.02.1991. He was placed under suspension from 08.02.1991 to 13.10.1994 with his headquarter at the Advance Planning Division, Water Resources Department, Patna. It was revoked w.e.f. 14.10.1994 and he was posted finally on 26.07.1995 as Estimating Officer, Waterways Division, Ranchi where he continued till 05.08.1998. He continued on the post of Sub Divisional Officer, Design Subdivision No.2 (Irrigation), Doranda, Ranchi since then till the filing of the writ petition. He superannuated on 31.05.2004. Petitioner was implicated in Vigilance P.S. Case No. 24/87 along with 3 other persons and a Special Vigilance Case No. 18/87 was instituted which was pending at the time of institution of the writ petition at the Special Vigilance Court at Muzaffarpur.

In CWJC No. 9694 of 1993 in which the order of suspension was challenged, a direction was issued upon the Respondents to conclude the departmental proceeding within 6 months vide order dated 13.04.1994 (Annexure-1). Departmental proceeding was conducted and punishment of censure and stoppage of 1 increment with cumulative effect was passed vide memo no. 28 dated 25.01.1995. In CWJC No. 4055 of 1995, the Patna High Court quashed the order of punishment vide order dated 14.09.1995(Annexure-3). Thereafter the punishment order was withdrawn.

6. According to the petitioner, a seniority list was published by the Department of Water Resources, Government of Bihar in between, where his name was placed at serial no. 1239 and certain persons named at para 13 of the writ petition were placed below him. Earlier to that a seniority list was prepared in 1985 where his name was placed at serial no. 1395. He contends that his immediate juniors were granted junior selection grade scale of pay w.e.f. 01.04.1981 but he was discriminated. In the final gradation list of 1992 his name finds place at serial no. 1269 and certain persons named at para 14 were placed below him. Petitioner was denied current charge of Executive Engineer on officiating basis though junior to him were given such charge. Certain juniors were also granted promotion to the post of Executive Engineer. Petitioner made several representation before the Respondent for these grievances but he has suffered on account