SHEO DAYAL SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by certificate is directed against the order of Patna High Court dated January 25, 1974 by which a writ petition filed by the appellants had been dismissed.

(2.) It appears that the appellants and respondents 5-8 were referred to the Bihar Agricultural Service, Class I. Certain promotions were made in higher category of Class I in which the cases of respondents 5-8 were referred to the Public Service Commission and pending opinion of the Public Service Commission, the respondents concerned were promoted on ad hoc basis. Unfortunately, it appears that the necessary records were not submitted to the Public Service Commission as a result of which the Commission was not able to give its recommendation up-to-date and respondents 5-8 continued to occupy the promotional posts up-till today on a pure ad hoc basis, In view of the lapse of time, the fifth person retired and he has therefore not been made a party to this appeal.

(3.) The admitted position seems to be that in the Bihar Agricultural Service, there were two classes and several categories of officers according to the nature of their qualifications, experience and other attributes. Initially, the officers were taken in the two classes. By memo issued by the Government by its letter dated August 13, 1953 which is to be found at page 856 of Compendium of Important Circulars and Orders of Agriculture Department (hereinafter to be referred as Compendium), it was clarified that in future officers should not be confirmed in the specified posts in the service in Class I or Class II of the Bihar Agricultural Service as the case may be. It was also pointed out that the post under separate categories would be interchangeable, excepting those which existed in the botanical section which could not be interchangeable with the posts in the research or general administration groups.