PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:

Heard Mr. Kunal Tiwary, learned counsel for the appellants and Mr. Maya Shankar Mishra, learned counsel for the respondent (writ petitioners).

2. The present appeal is directed against the order dated 07.02.2022 passed in C.W.J.C No. 6089 of 2021 whereby the Hon'ble Single Judge has been pleased to allow the writ application and further the Hon'ble Court had directed the Appellant department to prepare a gradation list of Anurekhak for filling up of the next higher post of Neel Chitrak (Blue Printer).

3. Learned counsel for the appellants submits that the writ petitioners had filed a writ petition with a prayer for a direction to the respondent authority to grant them promotion on the next higher post i.e. Anurekhak after preparation of gradation list of Neel Chitrak (Blue Printer).

4. The respondents (writ petitioners) are working on the post of Blue Printer in the Appellant department. The next cadre promotional post of the higher post of the respondent (writ petitioners) is Anurekhak. From post of Blue Printer the next promotion will be given on the post of Anurekhak. Thereafter the next cadre promotional post or next higher post is draftsman which would be fulfilled as per provisions of Water Resources Department Prarupkar Cadre (Joining and Service Condition) Rules 2014.

5. Learned counsel for the appellants submits that learned Single Judge had directed the respondent authority to prepare the gradation list of Anurekhak of the next higher post Neela Chitrak (Blue Printers) without considering the memo no. 8515 dated 08.12.2004 of the Finance Department, Government of Bihar Patna by which the Finance Department had taken a decision that in future the post of the Blue Printer and Anurekhak will not be filled up either through direct recruitment or though promotion as per recommendation of the fitment committee. Apart from aforesaid, Water Resources Department Prarupkar Cadre (Joining and Service Condition) Rules 2014 had already been published by the department of appellant. As per Clause 5(1) of the above mentioned Rules 2014, the 15% post are to be filled up on the post of Prarupkar from the post of Neel Chitrak (Blue Printer)/ Anurekhak as a promotion who possess the minimum qualification for the post of Prarupkar. As per clause 6 of the Water Resources Department Prarupkar Cadre (Joining and Service Condition) Rules 2014, the gradation list will be prepared of those eligible Anurekhak/Blue Printer who possess the minimum qualification of Matric along with Diploma in Engineering of Draftsman or Diploma in Engineering in any trade. In the case of having equal qualification the preference will be given to that person who has Diploma in Engineering of Draftsman.

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