JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 1. This case was taken up on 21st December 2011 but no one was present to represent the petitioner. Again the case was taken up on 30th January 2012 but no one was present to represent the petitioner. This Court had passed the order for listing the case under the heading ‘For Orders’ to-day. Even to-day no one is present on behalf of petitioner to represent him. 2. In this case, the petitioner is challenging Memo No. 640 dated 13th September 1995 issued by the Superintending Engineer, Road Circle, Saharsa by which he was reverted back from the post of Junior Selection Grade to the post of assistant vide Annexure-7 to the writ petition and also for quashing the order vide Memo No.1170 dated 6th August 1998 issued by the Superintending Engineer, Road Circle, Saharsa by which the petitioner has been granted Junior Selection Grade with effect from 1st November 1995. 3. In this case the petitioner was appointed as lower division assistant in the Public Works Department, Purnea vide littler dated 27th December 1979 and he joined in Saharsa Road Circle, vide Annexure-1. In the year 1981 the Government had taken a decision to merge the lower division assistants with upper division assistants. The Government by Resolution No. 3/5-2-101/71 dated 19th August 1975 decided to grant selection grade to SC/ST candidates and subsequently another Circular was also issued, vide Circular No. 141 dated 18th July 1988 and Circular No.8 dated 13th January 1995(Anexure-3 to the writ petition) and by this Circular, the Kalavadhi has been fixed for promotion to the higher grade. 4. The State Government vide Memo No. 11601 dated 20th October 1982 (Annexure-4 to the writ petition), relaxed the rigor of Kalawadhi and, accordingly the petitioner became eligible for promotion with effect from 1st May 1984. In the year 1986, petitioner along with others vide letter no. 970 dated 23rd June 1988 was granted the scale of Junior Selection Graded and he continued to work as such till 24th February 1995. In a meeting dated 12th September 1995 it was found that the petitioner has not passed the departmental examination and, as such, he was reverted to the post of assistant, vide letter dated 12th September 1995 (Annexure-7 to the writ petition). In a meeting dated 12th September 1995 it was found that the petitioner has not passed the departmental examination and, as such, he was reverted to the post of assistant, vide letter dated 12th September 1995 (Annexure-7 to the writ petition). This Annexure-7 shows that the petitioner was wrongly granted the Junior Selection Grade with effect from 1985 as it was required for a person to get the promotion only after passing the departmental examination. Being aggrieved by the aforesaid action of the Department, petitioner filed a writ petition vide C.W.J.C. No. 85 18 of 1995 and this Court considered the contention of the petitioner but did not accept the submission and ultimately the writ petition was dismissed with the observation that as the petitioner has already appeared in 1995 examination and completed the Kalawadhi, therefore, in case of success in the examination, the authority will definitely consider his case for promotion in the Junior Selection Grade as well as Senior Selection Grade in accordance with law and to grant him all the consequential benefits to which he may be found entitled. As it appears from the writ petition, petitioner passed his departmental examination on 1st November 1995 and in pursuance thereof, the Departmental Establishment Committee, vide its meeting dated 20th October 1997 decided to g rant promotion to the petitioner with effect from 1st November 1995. Petitioner is challenging the action of the authority that he should not be reverted back to the post of assistant as well as he has wrongly been given the promotion with effect from 1st November 1995 whereas his juniors have been granted junior selection grade from an earlier date and, as such, petitioner is entitled to the same benefits. 5. Learned counsel for the State has submitted that the issue raised in this writ petition has already been adjudicated in C.W.J.C.No. 8518 of 1995 and, as such, res judicata will apply and now he cannot raise the same issue in this case. He further informed to this Court that petitioner had challenged the order of writ court in L.P.A. No. 334 of 1996. He further informed to this Court that petitioner had challenged the order of writ court in L.P.A. No. 334 of 1996. So much so he has further raised that the action of the Government cannot be held to be faulty as the petitioner could not have been promoted to the next higher post without passing the required departmental examination which he has admittedly not passed and, as such, petitioner has rightly been reverted which cannot be said to be illegal in law and the same does not require any interference by this Court. 6. Having considered the arguments of the State, I find that it has rightly been contended that as the issue raised in the present petition has already been decided by this Court in C.W.J.C. No. 8581 of 1995, petitioner cannot be allowed to raise the same issue and, as such, the writ petition is not maintainable. However, on consideration of the factual part also it is admitted fact that the petitioner was promoted to the next higher grade without having passed the departmental examination and later on when the Department could know about the fact, it has rightly withdrawn the benefits given to the petitioner. Petitioner was again given junior Selection Grade with effect from the due date when he had passed the departmental examination which is apparent from Annexure-9 to the writ petition. 7. In such view of the matter, I am of the considered opinion that this petition has no merit and the same is dismissed accordingly. There shall be no order as to costs.