JUDGMENT :

S.N. Pathak, J.

The issues involved in both the writ petitions are “Whether the private respondents in W.P.(S) No. 4187 of 2018 are senior to the petitioners and have been granted promotion rightly or illegally and arbitrarily, they have been considered for promotion?” and as such they have been tagged and heard together on various dates physically as well as through video conferencing and are being disposed of by this common order.

PRAYER IN W.P.(S) No. 4187 of 2018

2. The petitioners in W.P.(S) No. 4187 of 2018 have knocked door of this Court for quashing and setting aside the Notification bearing no. 1622, dated 01.08.2018, issued vide Memo No. 1623, dated 01.08.2018, whereby respondent no. 6 has been granted promotion to the post of Chief Engineer. Petitioners have further prayed for a direction upon the respondent to consider case of petitioners for promotion to the post of Chief Engineer or any equivalent posts, in view of the fact that petitioners are the senior most Electrical Engineers (General Cadre).

Petitioners have further prayed for a direction upon the respondents to treat and/or reckon their date of promotion to the post of Electrical Superintending Engineer with effect from 31.03.2015 i.e. the date on which persons junior to petitioners including respondent nos. 6 to 16 have been granted promotion to the post of Electrical Superintending Engineer and further to declare the petitioners to be senior to respondent nos. 6 to 16. In the alternative to these prayers, petitioners have prayed for quashing Notification as contained in Memo No. 427, dated 31.03.2015 (Annexure-12) by which respondent nos. 6 to 16 have been granted promotion to the post of Electrical Superintending Engineer.

PRAYER IN W.P.(S) No. 681 of 2019

2. The writ petitioners in W.P.(S) No. 681 of 2019 have knocked door of this Court for quashing letter no. 198, dated 26.02.2009 (Annexure-5 Series), issued under the signature of Secretary, erstwhile Bihar State Electricity Board, Patna whereby and whereunder a decision was taken for publishing final gradation list determining inter-se-seniority of Assistant Electrical Engineers belonging to General Cadre [in short A.E.E. (GEN)] appointed by the erstwhile Bihar State Electricity Board, Patna including the Assistant Electrical Engineers of General Cadre under the jurisdiction of erstwhile Jharkhand State Electricity Board, so far it relates to petitioners. Petitioners have further prayed for a direction upon the respondents to amend gradation list as per date of appointment and date of joining of petitioners and the private respondents. Petitioners have further prayed to declare letter dated 26.02.2009 and the gradation list published by the Jharkhand State Electricity Board or its successor as unlawful and bad, so far it relates to petitioners.

FACTS OF THE CASE IN W.P.(S) NO. 4187 OF 2018

3. According to the petitioners, petitioner no. 1 had been appointed as unskilled Khalasi on 26.12.1995 whereas the petitioner nos. 2 and 3 had been appointed as Controller on 04.11.1997. After their appointment, they obtained higher qualification or Degree in Electrical Engineering or otherwise became entitled for appointment to the post of Electrical Engineer. In view of internal advertisement issued vide Employment Notice No. 1/1999, dated 02.02.1999, petitioners applied and were duly selected and appointed to the post of Assistant Electrical Engineer on 13.06.2000. In addition to internal advertisement, an external advertisement was also issued vide Employment Notice No. 3/1999 in which respondent nos. 6 to 16 were appointed to the post of Assistant Electrical Engineer. However, both the processes of appointment initiated by the then Bihar State Electricity Board were pursuant to a common recruitment process but due to delay in completion of appointment process relating to Internal Advertisement No. 1/1999, the petitioners were issued appointment letters on subsequent dates as against appointment letters issu