JUDGMENT :

HON’BLE THE ACTING CHIEF JUSTICE, SHREE CHANDRASHEKHAR

In this batch of writ petitions, the constitutional validity of Eighty-Fifth Amendment Act, 2001 has been challenged primarily on the ground that the amended Article 16(4-A) violates the right to equality under Article 14 and the right to equal opportunity in service under Article 16 of the Constitution. The petitioners are aggrieved by refixation of their seniority in the cadre pursuant to the Resolution No.1862 dated 31st March 2003 which was issued by the State of Jharkhand to give effect to Article 16(4-A) of the Constitution. Therefore, the petitioners have also challenged their respective seniority/civil list on a similar ground of violation of Article 14 and Article 16 of the Constitution. For example, the petitioners in W.P(S) No.5882 of 2003 have challenged the provisional gradation list vide Notification dated 15th March 2003 whereunder their seniority has gone down the list to their prejudice. Similarly, in WP(S) No.3963 of 2006 the petitioners have challenged the provisional gradation list dated 29th Ju