JUDGMENT : The instant writ application has been filed for quashing the order dated 27.09.2007, passed by the Chief Engineer, Central Design Organization, Road Construction Department, Ranchi (Respondent No. 3) whereby the representation of the petitioner for his promotion from the post of the Laboratory Attendant to the post of the Laboratory Assistant, filed in pursuance to the order dated 28.08.2007, passed in W.P. (S) No.1535 of 2007 has been rejected, solely on the ground of abolition of the post of the Laboratory Assistant after commencement of the Bihar Technical Service Rules, 1999. Further prayer has been made for direction to the respondents for promotion of the petitioner on the post of the Laboratory Assistant from the post of the Laboratory Attendant with effect from 27.03.1992 with all consequential benefits. 2. The brief facts, leading to filing of the writ application, are that the petitioner was appointed to the post of the Laboratory Attendant in the Road Construction Department and he joined the said post on 27.03.1982. After bifurcation of the erstwhile State of Bihar, the service of the petitioner has been allocated to the State of Jharkhand vide office order dated 24.03.2006 and the name of the petitioner as Laboratory Attendant found place at Serial No. 34, as evident from Annexure-2, thereafter, the petitioner was posted under the Planning and the Investigation Division, Road Construction Department, Ranchi and he was confirmed in the capacity of the Laboratory Attendant with effect from 27.03.1985 vide Office order dated 29.08.2006. It has been averred in the writ application that as per the Circular dated 14.04.1979, 50 per cent of the post of the Laboratory Assistants, who were matriculates with subjects of Mathematics or Science, were filled up from Laboratory Attendant as per Annexure-7 to the writ application. Subsequently, vide Circular dated 17.09.1980, there was slight modification of the Circular and the necessity of Mathematics or Science was waived vide letter dated 17.09.1980 (Annexure-8). Subsequently, vide Circular dated 17.09.1980, there was slight modification of the Circular and the necessity of Mathematics or Science was waived vide letter dated 17.09.1980 (Annexure-8). It has been further stated that since inspite of submission of the Service records alongwith the educational qualification of Laboratory Attendant, who were Matric pass for consideration of promotion to the post of the Laboratory Assistants and representations before the competent authorities did not evoke any response, the petitioner knocked the doors of this Court by filing W.P. (S) No. 1535 of 2007, which was disposed of vide order dated 28.08.2007 with direction to the petitioner to file a representation afresh before the Chief Engineer, Central Design Organization, Road Construction Department and further directed the Chief Engineer to consider the claim of the petitioner and take a decision and pass a reasoned order in accordance with law. In deference to the direction of this Court in W.P. (S) No. 1535 of 2007, the petitioner submitted representation dated 13.09.2007 (Annexure-13) and the Respondent No. 3 vide letter dated 11.10.2007, passed the impugned order dated 27.09.2007, which is under challenge in this writ application. It has further been averred that vide Notification dated 08.11.1999, the Rule named as Bihar Technical Service Rules was framed under the proviso to Article 309 of the Constitution of India vide Annexure-15 to the writ application. Being aggrieved by the rejection of the representation of the petitioner for promotion to the post of the Laboratory Assistant, the petitioner left with no alternative, has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances. 3. Learned counsel for the petitioner has strenuously urged that on perusal of Rule 14 of the Bihar Technical Service Rules, 1999, which is a saving Clause, the petitioner was entitled for promotion to the post of the Laboratory Assistant with effect from 27.03.1992, prior to the commencement of the Rules, 1999 and accrued right and benefit of the Circular to the petitioner, which was holding the field for promotion from the post of the Laboratory Attendant to the Laboratory Assistant could not have been whittled down with retrospective effect. Learned counsel further submits that prior to commencement of the 1999 Rules, the process of consideration for promotion, has already commenced, therefore, the petitioner ought to have been considered for the post of the Laboratory Assistant for the vacancies existing prior to the said Rules. The learned counsel for the petitioner further submits that the rejection of the petitioner's representation on the pretext of promulgation of Bihar Technical Service Rules, 1999 is in breach of Articles 14 and 16 of the Constitution of India. In order to buttress his submissions, learned counsel for the petitioner has referred to the following citations :- (i) in the case of State of Rajasthan-vs.-R.Dayal & Ors. reported in (1997) 10 SCC 419 , para 8; (ii) in the case of A. Mahoharan & Ors.-vs.-Union of India & Ors. reported in (2008) 3 SCC 641 , and (iii) in the case of Food Corporation of India & Ors.-vs.-Parashotam Das Bansal & Ors. reported in (2008) 5 SCC 100 , 4. Repudiating the averments made in the writ application, counter affidavit has been filed by the respondent nos. 1 to 4, wherein, it has been submitted that the post of the Laboratory Assistant has been abolished after commencement of the Bihar Technical Service Rules, 1999, so that by way of promotion from the post of the Laboratory Attendant to the post of Laboratory Assistant becomes totally blocked with effect from 08.11.1999 vide Government Notification dated 08.11.1999, issued by the Department of Road Construction, Government of Bihar and there is no scope of appointment or promotion on the post of the Laboratory Assistant as mentioned in Sub-clause (d) of Clause 9 of the above Notification as per Annexure-A to the counter affidavit. 5. A supplementary counter affidavit dated 18.09.2017 has been filed on behalf of the respondent nos. 2 and 3, wherein, it has been 4 submitted that as per the provisions of the Bihar Service Technical Rules, 1999, the post of the Research Assistant would be filled up by promoting those persons, who were working as Laboratory Assistants prior to the bifurcation and that the remaining posts would be filled up by direct recruitment, as per Rule 9 Gha (ii) 75 per cent of such posts would be filled up by promoting those working as Laboratory Assistants and that remaining 25 per cent would be filled up by direct recruitment. It has been further submitted that 72 posts of Research Assistants were sanctioned to the State of Jharkhand, out of which 25 per cent were filled by direct recruitment and 75 per cent by granting promotion to those people who were working as the Laboratory Assistants, prior to the bifurcation, as the petitioner prior to bifurcation was working as Laboratory Attendant he was not eligible for promotion to the post of Research Assistant in accordance with the Bihar Technical Service Rules, 1999. 6. One I.A. No. 434 of 2018 has been filed by the Respondent-State, for extension of time for imparting necessary instructions as to the vacancies in the post of the Laboratory Assistant prior to the promulgation of the Rule, 1999. From the said interlocutory application, it is quite apparent that vide Annexure-B, which is suggestive of the fact that there are some vacancies for the post of the Laboratory Assistant prior to promulgation of the 1999 Rules. 7. Learned J.C. to Sr. S.C. III appearing for the Respondent-State, apart from reiterating the submissions made in the counter affidavit and the supplementary counter affidavit, has vociferously submitted that the impugned order of rejection of representation of the petitioner for consideration of promotion to the post of the Laboratory Assistant is justified in view of the provisions of Bihar Technical Service Rules, 1999 and the post of the Laboratory Assistant has become dying cadre since the petitioner has been regularized on the post of the Laboratory Attendant and there is no scope for consideration for promotion of the petitioner from the post of Laboratory Attendant to the post of the Laboratory Assistant or Research Assistant. It has further been submitted by the learned counsel for the Respondent-State that had the petitioner been promoted to the post of the Laboratory Assistant, then his case for promotion to the post of the Research Assistant could have been considered in view of the 1999 Rules. It has further been submitted by the learned counsel for the Respondent-State that had the petitioner been promoted to the post of the Laboratory Assistant, then his case for promotion to the post of the Research Assistant could have been considered in view of the 1999 Rules. Learned counsel for the Respondent-State to a pointed query, as to whether the petitioner could have been considered for promotion to the post of the Laboratory Assistant, in view of the Circular of 1979 vide Annexure-7 to the writ application, prior to promulgation of the Rule, vacancies meant for Laboratory Assistants, however, does not dispute the proposition, as has been propounded by the Hon'ble Apex Court in the case of State of Rajasthan-vs.-R. Dayal and others reported in (1997) 10 SCC 419 by referring to the decision rendered in the case of Y.V. Rangaiah-vs.-Sreenivasa Rao reported in (1983) 3 SCC 284 which has also subsequently been followed in (2008) 3 SCC 641 , A. Mahoharan & Ors.-vs.-Union of India & Ors. (Supra) and the Hon'ble Apex Court has been pleased to, inter alia, hold as under : - “This Court has specifically laid that the vacancies which occurred prior to the amendment of the Rules would be governed by the original Rules and not by the amended Rules. Accordingly, this Court had held that the posts which fell vacant prior to the amendment of the Rules would be governed by the original Rules and not the amended Rules. As a necessary corollary, the vacancies that arose subsequent to the amendment of the Rules are required to be filled in in accordance with the law existing as on the date when the vacancies arose.” 8. After having bestowed my anxious consideration to the rivalized submissions, it would be in the interest of justice to dispose of the writ application, with direction to the respondents to consider the case of the petitioner for promotion to the post of the Laboratory Assistant from the post of Laboratory Attendant against the vacancies existing prior to the promulgation/bereft of Bihar Technical Service Rules, 1999 within a period of eight weeks from the date of receipt/communication of the order. 9. With the aforesaid direction, the writ petition stands disposed of.